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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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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Teacher Liability University of Phoenix AED/201‚ Week 5 Erin Witt February 5‚ 2012 Your Results for "Classroom Management " | Print this page | Book’s Title: | Introduction to Teaching: Becoming a Professional | Book’s Author: | Kauchak | Location on Site: | Home > School Law: Ethical and Legal Influences > Reflect on This > Classroom Management | Date/Time Submitted: | February 6‚ 2012 at 4:05 AM (UTC/GMT) | | Summary of Results | All 3 questions in this activity
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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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Using the IDEA structure for Criminal Law application questions – example answer. In response to questions from the Jan’ ’10 exam. 1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea The actus reus
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Products Liability Research Paper By Bobby Brown Sunbeam is an American made brand that has produced various household appliances since 1910. Their products have included the Mixmaster mixer‚ the Sunbeam waffle iron‚ Coffeemaster‚ and an automatic toaster. In 1928‚ the company’s head designer‚ Swedish immigrant Ivar Jeppsson‚ invented the Mixmaster mixer. Introduced to the public in 1930‚ it was the first mechanical mixer with two detachable beaters whose blades interlocked. Barbara Thompson
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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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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Product Liability Research Paper Shericia Bonnett Professor Kapalko LEG 500 – Law and Ethics In the Business Environment 09/09/2012 Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However‚ in the event that a product is defective and causes injury to the person using it‚ the manufacturer may be liable for the injury and have to compensate the injured
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