...Tort- a violation imposed by civil law Intentional torts- harm caused by a deliberate action Defemation: harm to someone’s reputation Libel: is the written one Slander: is the oral one False imprisonment: the intentional restraint of another person without reasonable cause and without consent Intentional Infliction of emotional distress: An intentional tort in which the harm results for extreme and outrageous conduct that cause serious harm Battery- An intentional touching of another person in a way that is harmful or offensive Assault- An act that makes a person reasonably fear an imminent battery Trespass- Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave Conversion- taking someone’s property without consent Fraud- Injuring another person by deliberate deception Compensatory damages- Money intended to restore a plaintiff to the position he was in before the injury Single recovery principle- Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses. Punitive damages- Damages that are intended to punish the defendant for conduct is extreme and outrageous Tortious interference with a contract-An intentional tort in which the defendant improperly induced a third party to a contract with the plaintiff Tortious interference with Business Relations- Interference of a contract or of a business Tortious interference with a prospective advantage-...
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...Jessica Jones Legl 110/Compare and Contrast Paper November 7, 2011 In August 2011, the New Jersey Supreme Court decided on new guidelines making it easier for defendants to request pre-trial hearings to question the validity of eyewitness identifications. Under the new guidelines, a hearing must be held when a defendant presents evidence that the identification of a suspect by a witness may have been influenced. The influence could be any number of factors including police behavior, level of stress during the event, lighting and length of time between the event and the identification. If the evidence is admitted, the jury must be given an explanation giving details of the factors that could contribute to misidentification. Two articles discuss this decision, “Court Raises Bar for IDs by Witnesses” written by Caitlin Dineen for The Press of Atlantic City (October 8, 2011) and “In New Jersey, Rules Are Changed on Witness IDs” by Benjamin Weiser for The New York Times (August 24, 2011), and offer interesting viewpoints on the issue. This paper will discuss those viewpoints. The Press of Atlantic City article did not go into extensive detail as to what the new ruling entailed, instead, it chose to interview local attorneys to get their views. James Leonard Jr. states, “I think it’s going to be a valuable tool for defense attorneys.” While on the surface this new guideline would appear to make prosecution more difficult, Ocean County executive assistant...
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...Written Assignment Chapter 8, 9 and 11 Goran Purkovic Davenport University LEGL 710 Prof. Erica Miller Ennis November 7, 2015 Written Assignment Chapter 8, 9 and 11 O’Keefe v. Lee Calan Imports Lee Calan Imports’ product was advertised in Chicago Suntimes with a miss print from Chicago Suntimes’ side. The first thing to many consumers that comes to mind is bait-and-switch, which is deliberately deceptive practice that brings buyers into a physical location of the business when the seller has no intention of selling the item at the price that was advertised (Brown & Sukys, 2012, pp 172). Generally, ads are not considered a binding agreement, but rather a mere request to consider and negotiate (Small Business, n.d.). Therefore, in the case of enormous price difference as no fault of defended (misprint resulted from Chicago Suntime’s side), such as in the case of O’Keefe v. Lee Calan Imports ($700 which translates in 39% of the original price), the court will side with the defended since the ad contained no other terms and cannot be accepted as an offer. Morrison v. Thoelke Morrison sent an offer in a form of a letter to Thoelke about selling a certain parcel of land. Thoelke agreed and responded, but before Morrison received a letter he had a change of heart (Brown & Sukys, 2012). Morrison could reason that he canceled the offer before receiving a letter from Thoelke. However, when there is no face to face negotiation, the question arises as to when...
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...Alex Martino LEGL 616.12 4/11/2012 Privacy with Regards to Electronic Communication in the Workplace Background Given the rise of electronic communication, it is not surprising that privacy with regards to communication such as emailing, texting, or social networking, has become a very big issue. Probably the most prominent area relating to electronic privacy is consumer privacy. Stories about Google or Facebook’s privacy policies are front-page news. However, although it perhaps receives less attention, electronic workplace privacy is just as big an issue. Workers communicate at work using various devices. Some workers rely on a computer to send emails. Other workers may favor using a land phone or a cell phone for communication with important clients. In some cases, workers use texting on cell phones to communicate with fellow employees. The one similarity between all these workers is that they are all probably communicating on a device or on a network that belongs to the company that they work for. Workers are also likely to use work equipment, a computer or a company cell phone, to make personal calls. This makes sense, given the long hours that people often spend at work and the ease of using work machines to communicate. A recent article in The Economist, “Slaves to the Smartphone”, states “Employees find it ever harder to distinguish between ‘on-time’ and ‘off-time’—and indeed between real work and make-work.” Most electronic communication at work (whether...
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...Please answer following questions: 1) Briefly define a monochronic culture. 2) Briefly define a polychronic culture. 3) What is meant by a Low Context Culture? 4) What is meant by a High Context Culture? 5) The basis of monochronic cultures is the time-line. What is the basis of polychronic cultures? 6) Explain what is meant by "monochronic cultures use short-term relationships". 7) What is meant by monochronic cultures tend to want "mastery over nature"? 8) How do monochronic and polychronic cultures tend to consider nepotism? 1) In a monochronic culture, people tend to place a high value on timeliness and schedules. They focus on the value of time, and therefore tend to have a very rigid interpretation of how to organize their schedules. Monochronic people generally prefer to do one thing at a time and to devote their full concentration to the task at hand, whether it be completing an assignment for work or school or having coffee with a friend. People belonging to this type of culture are also concerned about not disturbing others, and they follow the rules of privacy and consideration, they show respect for private property and are accustomed to short-term relationships. Cultures typically described as monochronic can be found in North America, Northern Europe, and parts of Asia. MONOCRONIC CULTURE CHARACTERISTICS (n an everyday life and in a business context) - sequential: do one activity at the time, follow initial plans, time is measurable, keep appointment...
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...LEGL 210 Intro to Business Law Tom Carter CHAPTER 9: THE END OF THE CONTRACTUAL RELATIONSHIP Purpose: To examine the four ways contracts come to an end To discuss remedies for failed or improper performance General rule: Every contract comes to an end in one of four ways: 1. Performance 2. Breach 3. Discharge 4. Frustration 1. PERFORMANCE Occurs when the parties do what they agreed to do But, when is a contract fully performed? Must a contract be fully performed in each and every particular? Or are there some acts of performance that fall short in some detail but still amount to binding performance? It depends on the nature of the term that is not performed: There are two types of contractual terms: warranties and conditions Warranty: a minor term that is not essential to the integrity of the contract Failure to perform a warranty does not excuse the other party form performing, but does give them the right to sue for damages caused by that breach. Condition: a major term that is essential to the integrity of the contract Failure to perform a condition excuses the other party from performing and gives them the right to sue for damages for breach of contract. NOTE: Failure to perform a minor part of a major term is called substantial performance. Eg. A and B have a contract A fails to perform a minor part of a term that amounts to a condition ...
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...THE GEORGE L. GRAZIADIO SCHOOL OF BUSINESS AND MANAGEMENT ------------------------------------------------- LEGL 470.41 LEGAL ENVIROMENT OF BUSINESS PROFESSOR LISA D. HERZOG SUMMER 2013 MONDAY 6:00 P.M TO 10:00 P.M. IRVINE GRADUATE CAMPUS ------------------------------------------------- Obesity Lawsuits Against the Fast Food Industry Final Paper August 2, 2013 Breanna Neal I. Introduction Should you be able to sue a restaurant such as McDonald’s for your obesity? Well, it depends who you ask. The customers of such fast-food companies believe their health problems were caused by overeating their addictive fatty foods. Lawmakers are on the other end of the spectrum attempting to ban such litigation because they believe that it is the consumer’s responsibility to not overeat. Today we live in a society where many do not want to take responsibility for their own actions. Everyone wants to jump on the band wagon and sue a business. I decided to take a look at the obesity lawsuits over the years against fast-food companies in order to find out what protection they have from such disgruntled customers. There are many different positions on the topic and various legal cases that went to court. In this research paper I am going to expand on my findings of this controversial topic. First, I will explain the history of obesity law suites and how the first one led many others to sue. Next, I will cite, describe, and analyze various obesity law suits...
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...* LEGL 200 * Course Outline Chapter 1: Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ...
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...LIST OF ABBREVIATIONS .....................................................................................................................................5 CHAPTER 1: AN OVERVIEW OF THE INDIAN SECURITIES MARKET ............................................8 1.1 MARKET SEGMENTS ......................................................................................................................................... 9 1.1.1 Primary Market...........................................................................................................................................9 1.1.2 Secondary Market.......................................................................................................................................9 1.2 KEY INDICATORS OF SECURITIES MARKET................................................................................................ 9 1.2.1 Index..............................................................................................................................................................9 1.2.2 Market Capitalisation.................................................................................................................................9 1.2.3 Market Capitalisation Ratio....................................................................................................................10 1.2.4 Turnover ...................................................................................................................................
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