The law of negligence has the potential to impose wide liability on defendants. The approach of the courts has traditionally been to try control the scope of allowable claims in negligence and to limit their bounds while balancing the rights to compensation of plaintiffs and the rights of defendants not to be disproportionately burdened. Elias CJ’s quote raises an interesting question about the emphasis of the courts in the formula they have developed to test actionable negligence. Similarities
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3 A solicitor should inform the Law Society where he is charged with an offence involving dishonesty or deception or any other serious criminal offence. 2.03 Principal’s individual responsibility A sole practitioner and each partner is prima facie responsible for the acts or omissions of his firm and this extends to the acts or omissions of his partners and staff. Commentary 1. A principal cannot escape responsibility for work carried out in the course of his practice by leaving it
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In the said meeting CCI also formed a prima facie opinion on the existence of the case and directed the Director General (DG) to inquire into the matter pursuant to its powers under Section 26(1) of the Competition Act‚ 2002 (“the Act”). SAIL challenged this direction before the Tribunal claiming that CCI could not have formed a prima facie opinion without hearing it first. SAIL also contended that CCI has not recorded any reasons while forming the prima facie opinion and that the time provided by
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Our lives are littered with problems‚ some have simple solutions but many especially the ones that pertain to our health or to the health of our families are extremely difficult to solve. Health is the most important thing that someone possesses‚ or in the words of Ghandi “It is health that is real wealth not pieces of gold and silver.” So when one has to make a decision about wealth they have the liberty to lose some‚ but when deciding about one’s health no one wants to lose some. The solution to
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Sambhajirao Chandrojirao Angre and ors. “The legal position is to be well settled that when a prosecution at the initial stage is asked to be quashed‚ the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the Interest of justice to permit a prosecution to continue. This is so
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the cure of disease and (3) the prolongation of life. 2. Prima Facie Duties Prima facie duties are attributed to W.D. Ross. In an attempt to unite specific aspects of nonconsequentialism with those of utilitarianism‚ Ross determined that in deciding between ethical alternatives to a problem‚ the options must be weighed according to the duties that would be fulfilled by performing or not performing each option. Ross described prima facie duties as being intuitive and conditional. He defined intuition
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In response to the case study The Best Person for the Job by Joanne B. Ciulla; it is important to examine the prima facie obligations of W. D. Ross‚ any of which can be defined as “an obligation that can be overridden by a more important obligation.” According to Ross‚ there are seven prima facie obligations‚ which we must consider in the process of moral decision making. These include: duties of fidelity‚ duties of reparation‚ duties of gratitude‚ duties of justice‚ duties of beneficence‚ duties
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victim of reverse discrimination when Rosa Wright‚ a less qualified black woman‚ was promoted to the Quality Assurance and Training Specialist position at her job. The judge dismissed the claim‚ finding that Lucas did not make out a prima facie case (Open Jurist‚ 2011). Statement of the Problem Both Julia Lucas‚ a white woman‚ and Rosa Wright‚ a black woman‚ work for the Federal Aviation Administration (FAA). They both applied for Quality Assurance and Training
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1 What is physical evidence? . The value of properly collected physical evidence followed by examination and interpretation by the forensic. 2 What are elimination prints? Elimination prints are a set of the finger and palm prints given by a victim of a crime or anyone else who may have had legitimate access. 3 What is a corpus delicti? The foundation or material substance of a crime. 4 What is a standard of comparison used for? Usually‚ the control variable is used to compare an experiment
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Employment Practices Act‚ as amended by the Pregnancy Discrimination Act‚ prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on the basis of pregnancy‚” or whether she “was simply and plainly terminated as an employee at will for taking an unauthorized‚ extra break.” Allen’s original complaint was termination attributable to discrimination
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