French fries‚ soft drinks‚ breakfast items‚ and desserts. In most markets‚ McDonald’s offers salads and vegetarian items‚ wraps and other localized fare. The product liability lawsuit that I will discuss is Liebeck v. McDonald’s Restaurants. This case got national recognition and became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck. In February 1992‚ Seventy-nine-year-old Stella Liebeck of Albuquerque‚ New Mexico‚ was sitting in the passenger
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Classification of contractual terms as “condition‚” “warranty” or “innominate” terms seems random. The terms written in the statement above are considered to be unnecessary‚ or more precisely irrelevant. This essay will discuss how these words‚ instead‚ are important as contractual terms through explanations‚ definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can be of two types or better‚ of two forms. The first
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Topic: Liability of Promoters During Pre-incorporation contracts Table of Contents Introduction 3 Research Methodology 6 Research Questions 7 Chapter 1: Promoters and Pre-incorporation Contracts 8 Chapter 2: Fiduciary duty of the promoter 11 Chapter 3: Breach of the pre-incorporation contract and the Liability of Promoters 13 Conclusion 19 Bibliography 20 Introduction A company is an entity which is recognized and created by the law. It can only contract when the law deems it to come into
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Week Two Learning Team Reflection on Personal Liability Law/531 October 2‚ 2012 Week Two Learning Team Reflection on Personal Liability Benefits to Commerce Team C colleagues decided on the following opinions in respect to the advantages of commerce using shareholders and other entities for protection against personal liability losses. Commerce is the buying and selling of goods or services within cities‚ states‚ and globally. The legal structure of a business will establish the liable
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Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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Medical Malpractice and Tort Reform Kristen Addington MGT320 – The Legal and Ethical Environment of Business Colorado State University – Global Campus Dr. Cooper-Blood February 26‚ 2017 Medical Malpractice and Tort Reform According to research conducted by a team at Johns Hopkins University School of Medicine about 10% of deaths per year in the United States are caused by medical errors (Sternberg‚ 2016). This makes medical errors the third leading cause of death in the United States‚ heart disease
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their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing their
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Adam Gonzalez Individual Research Project BA: Business Law (3301) Thursday 7:00 – 9:45 November 17‚ 2011 University of Houston – Downtown 100 Main St. Houston‚ TX 77002 Adam Gonzalez Engagements‚ Responsibility and Liability: Ethics Implications People act unethically for a number of reasons. Unethical behavior is defined as behavior that contravenes rules designed to maintain the fairness and morality of a situation. The study of business ethics and its implications for different
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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment‚ and there can be involuntary MR e.g.
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