Office of the Ombudsman v. Uldarico P. Andutan (G.R. No. 164679‚ 27 July 2011) The Ombudsman argued – in both the present petition and in the petition it filed with the CA – that Andutan’s retirement from office does not render moot any administrative case‚ as long as he is charged with an offense he committed while in office. It is irrelevant‚ according to the Ombudsman‚ that Andutan had already resigned prior to the filing of the administrative case since the operative fact that determines its
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former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and
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Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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Dual Pane Company‚ founded in 2001 by John Grayson‚ is based on a machine he created. The machine could remove windows from their frames without destroying the wooden panes known as muntins and mullions. John and his wife Elizabeth are the owners of the company‚ as well as its only employees. He does the actual installation of windows‚ while she takes care of all the financial aspects of the company. The Dual Pane Company generally focuses its business in the residential market of the Boston area
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Effectiveness of Dual Language Education” and “Dual Language Education: a promising 50-50 model” were compared and differentiated. Although dual language programs are all very similar‚ they also vary as well. Some similar aspects in both of these articles included their overall goal‚ the type of program‚ assessments‚ results‚ affecting factors‚ and future research of dual language education. Within these same similarities‚ some differences are present as well in all‚ but one factor. Overall‚ dual language
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Estimated liabilities are a known obligation that is of an uncertain amount but that can be reasonable estimated. Common examples are employee benefits such as pensions‚ heath care and vacation pay‚ and warranties offered by a seller (Fundamental Accounting Principles‚ Chapter 11‚ Pg 437). When a firm sells products or renders services with a warranty‚ the firms has an obligation towards the customer when the warranty is honored. The warranty liability is an estimate of the obligations. Hence‚ a
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Couples therapy has long been centered around treating the relationship rather than the individual(s) in the relationship. Those who most generally present to couples therapy are people who are in a dissatisfactory relationship but are none the less “normal‚” meaning they have no psychological disorders. But what happens when one (or both) of the individuals in therapy presents to couples therapy but also has a psychological disorder? Could couples therapy help alleviate individual problems within
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Ultimately‚ dual sovereignty recognized the separate powers of federal government and state government. This is because state governments are allowed to develop their own laws‚ rights‚ and constitution. Although the state is granted power‚ the sovereign state must follow and recognize the laws provided by the federal government. The doctrine of dual sovereignty protects individuals from becoming prosecuted twice‚ by both the state
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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