usually consists of actions‚ but can also consist of omissions when there is some duty to act (e.g.‚ a duty to help victims of one’s previous conduct). OVERVIEW Primary factors to consider in ascertaining whether the person’s conduct lacks reasonable care are the foreseeable likelihood that the person’s conduct will result in harm‚ the foreseeable severity of harm that may ensue‚ and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical
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Contractual and Non-contractual Liability I. Contract A contract is an agreement having a lawful object entered into voluntarily by two or more parties‚ each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation." Contracts may be bilateral or unilateral. A bilateral contract is an agreement in which each of the
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THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds‚ B.Corp.Law‚ LL.B (N.U.I.)‚ LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence‚ a relatively recently emerged tort. Traditionally‚ actions in tort were divided into trespass and trespass on the case‚ or simply ‘case’. Trespass dealt with the situation where the injury was immediate‚ in other words direct and foreseeable. Actions based in case however‚ covered consequential
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Introduction The concept of fiduciary obligations or duty is one of the most important areas in Australian law. In this project‚ I will try to illustrate and explain the duties in three kinds of relationships including the relationship between a director and a company‚ the relationship between the promoters and the corporation and the relationship between business partners. In each relationship‚ what kinds of the fiduciary duties should be performed is elaborated in details. The aim of the project
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Specific Relief Act‚ 1963 * Quasi – trustee - Promoter is neither an agent(as principal not in existence) nor a trustee(trust not in existence) of the company but has certain fiduciary duties under Companies Act. He is a quasi – trustee of the company FIDUCIARY POSITION OF PROMOTER * Promoter stands in fiduciary relation to the company he promotes‚ as indicated below: 1. Not to make any profit at the expense of the company‚ directly or indirectly. If this rule is violated‚ company may compel
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should be applied to all cases involving part – payment of debt. The question also requires the analysis of the law in relation to whether pre-existing contractual duty can amount to good consideration. In order to answer the question fully‚ it will be necessary to look at two areas of consideration in particular: part payment of a debt and performance of existing contractual duties. Before addressing the two concepts above‚ a brief overview of the facts of Williams v Roffey Bros. & Nicholls
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The film Class Action is a piece that does not directly involve a tort tale‚ however the case portrayed in the movie could easily depicted as one. In order to convert this case into a tort tale‚ we have to have a brief overview of the events that occurred in the movie. To start‚ the defense attorney (Maggie Ward) for Argo was the daughter of the attorney who was representing the clients who were suing Argo (Jed Ward). According to the movie‚ a certain model and year of an Argo (Fictional car company)
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Attentional interference in relation to the Stroop effect 3 Interference and facilitation are two important aspects of automatic processes. Interference refers to the range to which one process encumbers performance of another‚ whereas facilitation indicates the extent to which one process assists performance of another. Through practice and maturation‚ reading progresses from a controlled process to one that is automatic‚ lessening the demands on attentional resources. Stroop reported one of the
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Tort Civil or non-criminal wrongful conducts or omissions arising out from non-contractual obligations and causing injuries to another party by providing remedies for the injuries. “Tort”norman-french language –means mischief and wrong Comes from latin- tortus – means crooked‚ wrung and twisted. Sir John Salmon – Tort: a civil wrong for which the remedy is a common law action for unliqudated damages‚ and which is not exclusively the breach of contract or trust or other equitable obligation
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1. Which torts protect against the intentional interference with persons? The torts that protect against the intentional interference are the following: Assault which is an intentional‚ unexcused act that creates in another person a reasonable apprehension or fear of im-mediate harmful or offensive contact. Battery‚ that is an unexcused‚ harmful‚ or offensive physical contact intention¬ally performed. False imprisonment is the intentional confinement or restraint of another person without justifi¬cation
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