NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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of double sale of a car. The creditor could accept repudiation and sue when the time of performance is due. Alternatively he can refuse the repudiation and sue for specific/exact performance originally envisaged in the contract by the parties. Damages are the monetary equivalents to performance. They constitute the surrogate to specific performance. Specific performance is usually given at the discretion of the courts – on the basis of specific consideration the courts may refuse to grant specific
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were 2.5 x 5 in‚ 3.5 x 5 in and 5 x 5 in per plant. Collections of insect pests were done starting five days after transplanting and continued every three days until harvest. Damage rating and yield were also measured. The spacing of 5 x 5 in per plant significantly affected the lowest incidence of insect pest‚ leaf damage and with highest yield. The 5 x 5 in spacing per plant in this study could thus help reduce incidence of insect pest and the use of chemical pesticides and promote organic production
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ground shaking lasted about 20 seconds as a result of a right lateral strike-slip faulting system. A considerable portion of the areas infrastructure‚ which at the time was considered to be able to withstand a major earthquake was destroyed. The worst damage occurred in heavily developed regions built upon poor soils and artificial fill (loose and soft soil) leading to amplified ground motions and longer durations. (EQE) Kobe city was the most populous city in the region which suffered most infrastructure
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Plaintiff‚ Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant Law and Application 1 Did the Defendant owe the Plaintiff a duty of care? As per Donogue V Stevenson‚ the law states that the defendant owe the plaintiff a duty of care if the negligent act causes physical or psychological injury to person or damage to property. It therefore must fulfill these two tests.
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The taxpayer filed a lawsuit to recovered damages for personal injuries sustained in a 2000 auto accident. In 2004‚ a jury awarded the taxpayer $1‚600‚000M in damages and also delay damages of $1‚080‚000‚ resulting in a total judgment of $2‚700‚000. The defendants appealed the award‚ however while the appeal was pending the parties reached a settlement‚ which provided for payment to the taxpayer in the amount of $2‚550‚000. In 2009 after attorney’s fees of $850k were deducted the taxpayer received
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Superego‚ level of moral development‚ conformity‚ deindividuation‚ and modeling are a few factors that can help determine weather and adolescent wearing a masked costume will damage property if denied treats on Halloween. Superego is the part of personality that‚ according to Freud‚ represents internalized ideals and provides standards for judgment (the conscience) and for future aspirations. Superego could affect the adolescent’s decision if his superego is strong‚ if it is strong the child will
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the case of Pyrene & Co v Scindia Steam Navigation Co sued the defendant carrier and was victorious in recovering damages of £200 as the defendant was found to be liable as he showed negligence while loading the goods and therefore the goods were damaged when they reached the plaintiff. Develin J in Pyrene’s case judged that the liability of negligence would extend to cover up damages if the goods are damaged during the process of loading either side of the ship’s rail. This was the point in English
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Technology is anything that people use to make a task easier. A cell phone is a type of technology that is a common thing to see in everyday life. The world and the people in it have gotten used to this technology. Cell phones are making the lives of an estimated two hundred sixty five million Americans (Natterson 103) and three billion worldwide (Natterson 103)‚ easier. As useful as cell phones may be‚ there are negative effects in over using cell phones. Cell phone technology was first developed
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Later‚ Indian courts outside the presidency were required by Acts of the British Parliament and Indian Laws to reconcile disputes in accordance to justice‚ equity and good conscience where there was no applicable statute3. Consequently‚ in suits for damages for torts (civil wrongs)‚ courts followed the English Common Law in so far as it was consonant with these principles4. In Vellore Citizens Forum v. Union of India‚5 the Supreme Court traced the source of the constitutional and statutory provisions
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