Under the Uniform Commercial Code‚ 2-615‚ failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract‚ but has made the delivery commercially "impacticable". In the law of torts‚ an act of God may be asserted as a type of intervening cause‚ the lack of which would have avoided the cause or diminished the result of liability (e.g.‚ but for the earthquake‚ the old‚ poorly constructed building would be standing). However‚ foreseeable
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Commercial law Assignment Tarasevich Iuliia DipCom(HTM)-FT-17 CT0198361 Question 1 Issue James wants to sue the Happy Holiday Hotel for the loss of his stuff because of the theft of his belongings by someone of the stuff. Rule of law Under the rules governing exemption clauses‚ an exemption
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and facts o Law=judge ; Facts=jury (most of the time) o Civil (money) vs. Criminal law (jail time) • People can sue each other for money but can’t put each other in jail‚ only the state has the right too. • Civil law can include contracts and tort claims • Claims in the U.S Legal System o Claim o Complaint o Service of process (important) • So the defendant knows everything and can respond well • Procedure employed to give legal notice to a person (such as a defendant) of a court or
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On a fundamental level no lack car insurance gives a huge amount of certification however a couple states have returned back to customary tort law even resulting to having no issue car insurance set up for a significant time allotment. There is a huge amount of reasonable dialog about the practicality of no insufficiency car insurance laws in the ground breaking strategy yet as a driver there
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Simulation: Environmental Nuisance Lawsuit LAWS310 December 14‚ 2011 Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts. A neighborhood group called NICE is utilizing the principles of common law-private and public nuisance and trespass- to bring attention to the problem of air‚ ground‚ and water pollution which is occurring on adjoining land to the Northfield Dairy Farm. This farmland is very expansive
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Neighbor Principle The claim on tort of negligence is based on three elements‚ which are duty of care‚ breach of duty and the breach resulted in Damage. The case of Donoghue v Stevenson‚ regarding the snail in the bottle of ginger beer‚ reached the House of Lord in 1932. Lord Atkin formulated a general principle from it to govern the existence of a duty of care and this was the neighbor principle. In order for a duty of care owed there must be reasonable foresight of harm to persons whom‚ it is
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prosecutor On the other hand ‚ the rights and welfare of the employees are also guarded and protected by the different laws and legislature by specifying the responsibilities of the managers to his or her employees One example would be regarding Tort Negligence wherein a party may sue another due to negligence of that party ’s responsibility (NSW WorkCover Website . In this case ‚ an employee may sue the employer in cases wherein the employer neglected his or her responsibility to his or her employee
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Unit 3 Assignment: Case Briefs Jody A. Gibson PA 201-02 Introduction to Legal Research Professor Cynthia Middleton June 18‚ 2013 Patterson v. University Park Associates 860 N.E 2d 928 (Table) Ind. App.‚ 2007 January 24‚ 2007 FACTS: On June 13th 2003‚ Patterson was walking through the common area of the University Park Mall ( the Mall) when she slipped and fell on a liquefied cheese substance‚ “which was like cheese whiz”. Due to the high volume of traffic‚ Patterson did not
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When I was presented with the essay title ‘employers liability in tort for injuries suffered by employees at work’ immediately I was interested as I soon realised this law is highly relevant in all our day to day lives . This topic holds a lot of confusion and is a very complex. A lot of uncertainty surrounds the law‚ this is why I have choose to crytically analyse it thouroughly so I can gain a greater knowledge and hopefully write a great essay. At first I will begin with a brief intoduction
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1. Relationship between agent and principal The relationship between agent and principal is a contractual one‚ where the agent is able to make binding contracts between his principal and a third party (without the agent himself becoming a party) An agent’s obligations are‚ among others:- a) To carry out the principal’s lawful instructions‚ b) To act in good faith and for principal’s benefit c) To act in agent’s personal capacity (no delegation) d) To act with reasonable care and
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