Michelle v Canconcert Pty Ltd Duty: Since Michelle suffers from depression‚ a recognized psychiatric illness‚ and does not suffer any physical injury‚ this is a case of duty of care (DOC) under Mental Harm (MH)‚ as provided in s34 CLWA. Circumstantial factors will be used to answer the reasonable foreseeability question. From the facts‚ ‘sudden shock’ can be established as Michelle was in the midst of buying water when she was suddenly shocked by the bang and screams. Determination of DOC then
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Client Advice Part A will be reviewing the client’s statement to advice on possible trespass to person and/or trespass to land and/or private nuisance action(s) that could be brought by or against our client. The advice will be based on the facts from Jay’s statement. However‚ where necessary additional legal facts may be required‚ which will be addressed in Part B. Jay V Poppy – Entering the bar – Trespass to Land Title to sue Jay must have the exclusive possession of the land to have requisite
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Duty of care - Solicitor - Will held by solicitor - Failure to inform executor of death of testator and of contents - Whether duty to do so - Loss to estate caused by executor’s ignorance of death - Measure of damages. Limitation of Actions - Tort - Accrual of cause of action - Running of time - Commencement - Breach by solicitor of duty of care to inform executor of testator’s death - Loss to estate caused by executor’s ignorance of death - Limitation Act 1969 (N.S.W.)‚ s. 14(1). Legislation
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BUSINESS ASSOCIATIONS OUTLINE I. Overview A. Major Course Themes i. Authority – what is corporation legally empowered to do and at what point is a corporation overstepping its bounds? ii. Responsibility – once authority has been established‚ what are the limitations of that authority – what is the duty of care? iii. Liability – what actions should directors take to insulate themselves and when can they be held liable for breaching duty of
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rescind contract * Fraud: type of misrepresentation that is committed knowingly‚ with the intent to deceive * Scienter (legal term to distinguish from innocent) * Liable for damages; possibly including punitive damages for the tort of deceit * Election of Remedies * Can’t rescind contract and sue for damages (some states make you elect‚ or chose) * Requirements for Rescission on the Ground of Misrepresentation * Should be used only when a person has been
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Law‚ Tort Law‚ Criminal Law‚ Contracts‚ and Civil Procedure Linda Baker Strayer University Professor Sandra Levengood HSA 405 February 29‚ 2013 Introduction The development of health care law goes hand in hand with the development of the health care industry itself. As the industry grew and expanded so did the need for
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Directors Duties 1 Types of directors: Ordinary‚ de facto‚ shadow directors and non executive directors. Table A section 80 is the cornerstone of corporate governance. Gives the directors powers to act as they see fit for the benefit of the company. Directors have a FIDUCIARY relationship with the company – trust and confidence. The distinguishing obligation of a fiduciary is the OBLIGATION OF LOYALTY. Shadow directors – not appointed by the board – have a decisive say in managing from a distance
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SYSTEMS‚ INC‚ INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems‚ Inc. In consideration of the mutual promises and covenants contained herein‚ the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement‚ and Big Bank agrees to purchase the Services
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Chapter 1 – The demand for an Auditing and Assurance Profession Key Services for Public Accounting Firms Audits High Assurance (95% - 99%) Reviews Moderate Assurance (60% - 70%) Compilation Low to No Assurance (0% - 10%) Assurance Engagements (Triangle diagram based on the subject matter at hand) Practitioner (Auditor) Users Accountable Party (Management) Practitioners give the Users a written conclusion Accountable party must have an accountability relationship with the Users
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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