Contract A promise the law will enforce. Judicial Restraint The court takes a passive role and enforces what is already written in the contract‚ no matter if one party benefits over the other party. Judicial Activism The court takes an active interest in the contents of the contract and makes decisions based on what is "fair" and "right". Four Elements of a Contract (1) Agreement- offer is made by one party and accepted by another party.(2) Consideration- bargaining (3) Legality- has to
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A crime is a violation of established law‚ but not all crimes have a readily identifiable victim. A victimless crime is one where an act that violates an established law is committed‚ without leaving a victim behind; that is‚ there is no resulting damage to a person or property. In these cases‚ there is usually no victim because the illegal activity was consensually entered into. For this reason‚ victimless crimes are often called consensual crimes. One common example of a victimless crime is prostitution
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entitled to get the deposit? Rule of Law: Liquidated Damages Application: Liquidated damages means that provisions must paid by the breaching party to the party that has been breached. Conclusion: Cohen gets to keep that deposit 18-3 Issue: Should the court hold‚ as VanHorn argued‚ that Barton did not take reasonable steps to mitigate her damages? Rule of Law: Mitigation of Damages Application: Under the contract of Mitigation of Damages‚ when a breach of contract occurs‚ the innocent injured
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liable for the damages caused by its employee.After paying for the damages‚the insurers tried to apply their subrogation rights against the victim’s son.Though the court accepted the argument that the negligent person(son) was liable to pay the recovery amount‚but because of public policy pressure the insurers had to give up their subrogation rights here. Also the Zurich Insurance Co. v. Shield Insurance Co.(1988)‚ also helps us to understand that there are situations in which the damage is covered under
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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minimal damage in the process. What keeps SuperHeroes LLP’s CEO‚ Catrix‚ awake at night? In other words‚ what can get in the way of SuperHeroes LLP from successfully executing its strategy of cleaning up Good City and keeping it safe from criminals? If SuperHeroes causes more damage to the city than they prevent‚ they will no longer be providing value and will lose their contract with the city. The mayor told them that the city “would be lost” without them but that they “cause too much damage” and
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WHO collaborating Centre for Research on the Epidemiology of Disasters - CRED Annual Disaster Statistical Review 2010 The numbers and trends Debby Guha-Sapir‚ Femke Vos‚ Regina Below with Sylvain Ponserre Annual Disaster Statistical Review 2010 The numbers and trends Debby Guha-Sapir Femke Vos Regina Below with Sylvain Ponserre (UNISDR) Centre for Research on the Epidemiology of Disasters (CRED) Université catholique de Louvain – Brussels‚ Belgium Acknowledgements The data upon which this report
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letting them sort out the damages themselves‚ San Diego will likely have to pay more
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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 of causing damages through their carelessness. After accusation of negligence the
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s 5E‚ plaintiff bears onus of proof of causation. • At common law‚ it is established that the plaintiff need to show‚ On the balance of probability‚ (more probably than not): Tabet v Gett ‚ the defendant’s conduct was "a" cause of the plaintiff’s damage: Coca Cola Amatil (NSW) v Pareezer ➡It is not necessary to be the sole cause of action‚ nor it is relevant to which negligence occurred first (if there are two or more cause of actions): Baker v Willoughby ➡However‚ if the supervening event is an
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