basis can help you determine whether you need to speak with a lawyer about your injuries or not. Basis is the reason that the injuring party is liable for your injuries. The three categories of basis for personal injury lawsuits are: Negligence Strict liability Intentional wrongs
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malpractice. Why are you able to sue? 1.The preservation of the peace. 2.Copability define fault 3. Detorance. 4. Compensation- to give money to the other party. Three categoteis of tort law 1. Neglegance 2. Intentional 3. Strict product liability Standard of care froms 1. malfeasance 2. misfeance 3. nomfeance degrees ordinary gross negligence- …what should have been done what would ordinary prudent person have done in that situation? What would Jesus do? p
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Describe the conditions for a discharge of a contractual obligation. Full performance: the parties do what they promise. Agreement: termination by mutual agreement. 3. Describe types of acceptable performance of a contract. Strict and substantial performance. Strict: requires one party to perform its duties perfectly. Substantial: generally sufficient to entitle the promisor the contract price‚ minus the cost of defects in the work. 4. What constitutes a breach of a contract? An unjustifiable
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I. Introduction The protection of marine environment as part of the general emergence of environmental consciousness has become of paramount importance for the shipping industry. It is well known that maritime casualties act as catalysts for the creation of international and regional legislation. Therefore‚ the European Union following the “Erika” and the “Prestige” shipwrecks‚ which occurred in 1999 and 2002 respectively‚ has pursued legislative measures in response to the oil pollution of the
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GBL 295 Exam 2 Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action providing private remedy for injury to one party caused by the tortious conduct of another party. The goal of tort law is to shift / distribute losses from victims to perpetrators. Compensation: Through the award of damages. The object of compensation is to place the victim in the position he/she was before the tort was committed. Difficult to do‚ so we compensate. Assault: O
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For those interested in the juicy issues of LIABILITY and its role in Criminal (Public law) and Civil (Private law) realms here is a brief overview: I want to start with a repetition of what Prof Naylor said about criminal acts: to be convicted there needs to be proof of the ACT and the INTENTION (Actus Reus and Mens Rhea in latin if you want to sound smart…). This applies to liability. So there are 2 main veins of LIABILITY applicable to law (which as a concept is loosely defined as something
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“El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys. The appellant signed a form releasing Kevin’s night club from any liability that might occur when riding the mechanical bull. Kevin’s placed mattresses around the mechanical bull to help cushion the fall when riders where thrown from the bull. However‚ it was found at the time of the appellant’s injuries the mattresses
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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act also requires the auditor agencies to resale from services after 5 years and disallows them to seek employment with a previous client within of a year of last audit (Jelinek‚ Jelinek‚ 2010). These new rules have caused the agencies to have very strict rules of operation procedures. With the information obtained in the article‚ is has been relevant that auditing agencies are having difficulty rendering services. So if auditing agencies are not doing auditing then companies are use internal auditors
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Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins‚ J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation‚ another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common
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