34-Home QUIZ 1. When a student transfers from one school to another‚ the school can transfer the student’s record to the new school ___________. a. without consent b. only with written consent c. only with both parental and student consent d. with just student consent 2. A scandal in which of the following corporations pushed the Congress to pass the Sarbanes-Oxley Act of 2002? a. British Petroleum b. Goldman Sachs c. Enron Corporation d. Lehman Brothers 3. Which of the following
Premium Law Common law Contract
whereas still treated with great interest they are becoming all kind of common. The specific area of auditors ’ liability to third parties is an extremely complex area. As there is no contractual claim for recovery of losses‚ third parties take action in tort. Some time ago it was believed that recovery of losses from auditors for negligence was not possible‚ because there was no contractual relationship between the parties. But some time later Auditors in Australia were subject to a much higher level of
Premium Audit Financial audit Negligence
According to clause 30.7 in PAM 2006‚ if the employer do not pay within 14 days after receiving a suspension notice by the contractor‚ the contractor must further issue a written notice delivered by hand or by registered post to effect his suspension of work and provided that such notice shall not be given “unreasonably or vexatiously”. Case law above has defined “unreasonably”‚ which means contractor’s notice have brought a disproportionately disadvantage to the employer‚ and may even contend that
Premium Breach of contract Common law Contract
BURDEN OF PROOF CASES R v. Oakes (SCC 1986) * Narcotics Control Act s. 8 puts persuasive burden on A by saying A ‘shall’ (as opposed to ‘may’‚ so judge has no discretion) be convicted of intent to traffic if he doesn’t ‘establish’ that he didn’t intend to traffic * Therefore R has a lesser burden of proof‚ just needs to prove that A was in possession‚ and R could get charge for possession AND trafficking * this puts defence in position where they’ll have to put A on the stand‚
Premium Law Common law Tort
clause then? Incorporation by Notice- reasonableness or sufficiency of notice Exemption clauses are terms in a contract by which a party inserting them seeks to exclude or limit all or some of his liability for the breach of the contract or for some tort. In the case‚ an exclusion clause attempting to render Cedar Motors and their employees immune to a claim in any damage‚ injury‚ or consequential loss was used. To be a term of contract‚ the existence of the exemption clause must be brought to the
Premium Contract Tort Contractual term
* IPAAC * Issues e.g. whether there was a breach of duty * Principles e.g. Breach if burden of harm was not great * Authorities e.g. Woods v Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat
Premium Contract Tort
CIVIL LAW GOLDEN NOTES 2011 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW MANILA Academic Year 2011‐2012 CIVIL LAW STUDENT COUNCIL Lester John A. Lomeda Wilfredo T. Bonilla‚ Jr. Raissa S. Saipudin Bernadette Faustine C. Balao Marc Mikhaele J. Santos Victor Lorenzo L. Villanuea President Vice‐President Secretary Treasurer Auditor Public Relations Officer TEAM: BAR‐OPS 2011 Diane Camilla R. Borja Carlo Artemus V
Premium Law Damages Contract
154 Amonoy vs. Gutierrez G.R. No. 140420‚ February 15‚ 2001 FACTS This case had its roots in Special Proceedings No. 3103 of Branch I of the CFI of Pasig‚ Rizal‚ for the settlement of the estate of the deceased Julio Cantolos‚ involving six (6) parcels of land situated in Tanay Rizal. Amonoy was the counsel of therein Francisca Catolos‚ Agnes Catolos‚ Asuncion Pasamba and Alfonso Formida. On 12 January 1965‚ the Project of Partition submitted was approved and xxx two (2) of the said lots were adjudicated
Premium Tort Supreme Court of the United States Legal terms
Nuisance Essay Shellie Hirchert Introduction to Torts Professor Michael Haggard 02/07/2011 Nuisance Essay Scenario: John Anderson produces rattlesnake anti-venom in his single family home located in a suburban neighborhood. Anderson has approximately 50 – 75 rattlesnakes in his home. Anderson produces and sells the rattlesnake anti-venom to medical supply companies who then sell the snake anti-venom to hospitals to treat victims of rattlesnake
Premium Tort Nuisance Public nuisance
The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur‚ where responsibility is predetermined‚ tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible‚ or liable for such injuries. Tort law is broken down into three main categories‚ negligence‚ strict liability‚ and intentional tort. In negligence tort one is accused
Premium United States Law United States Constitution