* IPAAC * Issues e.g. whether there was a breach of duty * Principles e.g. Breach if burden of harm was not great * Authorities e.g. Woods v Multi sport holdings ltd * Applications e.g. The burden of using helmets was significant * Conclusion e.g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases‚ terms stated in offer * Eg‚ $ reward for cat
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Accountant liability law varies across states within the United States. Clearly‚ accountants are liable to their clients for any mistakes that they make within their realm of work. However‚ the liability becomes questionable when dealing with third parties. A company may have many affluent stakeholders relying on their financial statements in order to make important decisions‚ which may have monetary impacts. Therefore‚ an auditor’s precision is imperative. There have been many proposals in which
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Case 5.3 Assumption of the Risk: Lilya v. The Greater Gulf State Fair‚ Inc. o Strict Liability • Ch. 6: Strict Liability and Product Liability o Introduction to Strict Liability and Product Liability o Negligence and Misrepresentation o Strict Liability • Landmark Law: Restatement of Torts Definition of Strict Liability o Defective Product o Defect in Manufacture • Case 6.1 Defect in Manufacture Shoshone Coca-Cola
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reliability"[5] for the DC-10 landing gear could be predicted with an "unusually high degree of confidence"[6]because of its close similarity to the successful design on the DC-8 and DC-9 aircraft. Issue The focus of this trial was negligence Misrepresentation caused by McDonnell Douglas due to the statement of facts that it has included in its brochures trying to convince Continental Airlines‚ Inc to
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a) “In simple language‚ a misrepresentation is a representation that is untrue. It is a false statement made by one party to the contract to the other‚ before‚ or at the time of contracting‚ on which that other party relied on in contracting.” Per Abdul Malik Ishak J. in Travelsight (M) Sdn Bhd & Anor v Atlas Corp Sdn Bhd [2003] 6 MLJ 658. With reference to the Contracts Act 1950 and relevant cases‚ discuss the circumstances and elements of misrepresentations. [20 marks] b) On 4 March
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Case Study You arrange to meet your boyfriend at the Patio Hotel on Saturday night. Your best friend witnessed the two of you making the arrangement. It is to celebrate your birthday and you buy a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding
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reserves to cover the inadequate current period earnings. These manipulations and misrepresentations do not allow fair comparisons of the results of operations between years. In this case the misrepresentation gave a totally false picture of the success of its subscription television systems and interfered with the ability of users to correctly analyze the financial information of the firm. These misrepresentations impaired the decision-making ability of the financial statement users and defeated
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A. Introduction Joe (“J”) is attempting to sue Dazzle Dry Cleaners (“D”) for compensation for the loss occurred due carelessness of D. D will defend itself likely by proving exclusion clause as a part of the terms of its contract with J. In order to advice J it necessary to determine whether the clause has a contractual effect. Secondly it is necessary to determine the terms of the contract and analyse if creation of such clause protects the party relying on it from the consequence of breach
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University Press‚ 1997. Print. In this article‚ Rosemarie Thomson criticizes on the way physically disabled people are treated in the context of culture. Her main claim is that the socially contextualized view of disability has attributed misrepresentations to people with extraordinary bodies. The first sub-claim is that the identification of “disability” is based on cultural rules instead of corporeal properties. She provides the evidence that in social relationships‚ people tend to maintain their
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references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees‚ Steele and Mochen‚ actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Dona Ana County could be held liable for negligent referral (misrepresentation)? The court concludes that Dona
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