"Discuss the effect of exemption clauses in attemping to exclude contractual liability" Essays and Research Papers

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    Vicarious Liability

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    Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious

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    Criminal Liability

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    Principles of Criminal Liability 1/16/2013 Student ID: Word Count: 2482 Criminal activities are very common in our society. With the intention to hamper the property of other people or causing ill effect to others‚ criminal activities are occurred usually. Sometimes people involve themselves with some activities to injure others due to personal clash or from ill temperament. Some activities which may be done to cause simple injury

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    Relative Clauses

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    Pronouns 1 13) I keep the book next to my bed‚ when / where I read it every night. 14) I loved the book who / that you gave me. 13) 14) Combine each pair of sentences into one sentence with an independent clause and a dependent adjective clause. Make the second sentence the dependent clause. 15) The man has agreed to take better control of his animals. His dogs have been barking all night. ____________________________________________________________ __________ ____________________________________________________________

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    Products Liability

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    Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state

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    Adr Clause

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    Alternative Dispute Resolution Clause Alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it (Jennings‚ 2006‚ p. 117). There are many different types of ADR that can be used depending on the situation an individual or organization faces. During the course of this program if faced with an disagreement within the learning teams the best approach to take to resolve the situation

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    Vicarious Liability

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    former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and

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    Vicarious Liability

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    A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser

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    Relative Clause

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    Look at these reduced relative clauses using participles |1. |Who is that man waving at us? | | |2. |Most of those trying to get tickets were unsuccessful. | | |3. |All the workers made redundant last month have now been found new jobs. | | |4. |The money being collected will go to help a new orphanage

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    Under charitable exemptions laws‚ Mercy Hospital can likely be placed on the tax roll if it ceases to operate as a hospital. Hospitals normally receive tax exempt status from one of two statutes‚ K.S.A § 79-201b‚ which provides exemption for hospital purposes‚ and K.S.A. § 79-201‚ which provides exemptions for humanitarian services. The question of which law applies is not relevant as both contain the same requirement that the property is “actually and regularly used” for the purpose under the statute

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    Taking Clause

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    This provision protects citizens from unreasonable government seizure of private property. In the past‚ government officials have cited the Taking Clause as justification for taking private property without landowner’s consent. However‚ what if the property taken was sold to another private owner who was creating some kind of development that doesn’t benefit the public? Or what if the properties being

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