...Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption...
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...Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption...
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...BUSINESS LAW – Bus 340 PRACTICE QUESTIONS The following practice questions, both the question type and content, are similar to the type and format of questions on the final exam. Please use them a study aid to prepare for the final exam. 1. In a civil lawsuit against Ellen, Fred obtains an injunction, which is: a. a remedy at law. b. an equitable remedy. c. not possible under our U.S. system of jurisprudence. d. none of the above. 2. Our society has laws for which of the following reasons: a. to provide stability and predictability in personal and business affairs. b. to provide society with guidance as to what acts are considered legally http://www.mangahere.co/manga/fairy_tail/v38/c384/right and legally wrong. c. to provide penalties and sanctions for wrongful acts. d. all of the above. 3. Common law rules develop from: a. statutes enacted by Congress and the state legislatures. b. the principles behind the decisions in hypothetical disputes. c. the principles behind judicial decisions in actual legal disputes. d. propositions voted on by state residents and enacted into law. 4. What is the doctrine under which judges are obligated to follow the precedents established in prior decisions? a. stare decisis. b. res ipsa loquitur. c. commom law d. post hoc. 5. In a particular case, if a court decides that an established rule of...
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...OVERVIEW OF DISNEYLAND IN HONG KONG The Disney Theme Park in Honk Kong was first announced to the public in 1997. Initially it was welcomed by the public after the Asian financial crisis because of the announcement of projected benefits coupling with “Disney” tourism and the associated employment opportunities. Although the Walt Disney Company expressed a strong commitment and responsibilities towards conservation of natural resources, it had enormous environmental costs which resulted intense public criticism. The Disneyland earned less revenue than estimated. And Disney had to take immediate action to improve its operations and safeguard its “green” reputation. The background of Honk Kong Disney land had a long history. After nine months of intense and detailed negotiations, the Hong Kong special Administrative Region Government and the Walt Disney Company reached a preliminary agreement to commence the construction in November, 2001. After that Disney had taken some theme Park strategies. The company relied on two approach- expanding existing parks while entering into the new territories. And it was Disney’s trade mark tactic in attaining global profitability. Despite of ups and downs the company continued to approach governments’ worldwide including those at home. In the early 1990s, Disney representatives approached the Hong Kong government. During the negotiation period with the Hong Kong administration, Disney also entered into discussion with the Shanghai Government...
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...From the roads in Texas to the urban life in Los Angeles the Chicano movement can be seen. El Movimiento most commonly known as the Chicano Movement had originally started in the late 1840s, shortly after the U.S-Mexican war, but didn’t fully kick-off till the 1960s. The Chicano Movement had various leaders the most commonly known being César Chávez, Dr. Hector P. Garcia, and Rodolfo "Corky" Gonzáles. It was also followed by Student and youth organizations from California to Texas. Another major part of this movement was Chicano art that was nourished by their pride in their culture and heritage. Although the Chicano Movement was mostly centered toward the Mexican-American community the ideas they were striving for, broke ethnic boundaries. Cesar Chavez is best known for being a Latin-American civil rights activist. Chavez started his activism in 1952 when he became an organizer for the Community Service Organization (CSO), he traveled throughout California giving speeches in which supported worker’s rights and encouraged Mexican-Americans to register and vote. When he left CSO he co-founded what is now known as UFW. He along with Dolores Huerta co-founded the National Farm Workers Association (NFWA), later changed to United Farm Workers (UFW), in 1962. The NFWA first boycott...
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...tour/cruise listed on the attached Itinerary. Scenic operates tours within the United States, and serves as a booking agent for tours operated by third-party service providers (“Providers”) in other countries. Scenic reserves the right to provide the tour or any portion thereof either directly through its own personnel or through third party service providers. You hereby acknowledge and agree that where any tour or part of the tour, accommodations, flights or any other goods or services are provided by a third party (collectively, “Third Party Services”) and not directly by Scenic, Scenic is not liable for and dispute or claim with respect or any Third Party Services including, without limitation, any losses, damages, breach of contract, negligence or other claims or damages arising from the acts or omissions of the Providers thereof and, therefore, you are required to pursue any such claims solely against the relevant Provider. 2. Important Travel Information. You acknowledge and agree that there are general risks associated with travelling, which are beyond Scenic’s control and, as such, Scenic is not liable for any loss, cost or damage you may incur as a result thereof. Such general risks include, but are not limited to, tour variations or interruptions caused by road, river or weather conditions; national or local holidays affecting...
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...In the case of John Smith it’s discrimination of the law. John is open gay man is his way of live and choice. Under Title 7 of the civil rights “race, color, religion, sex, or national origin” are unlawful to discriminate under. A person’s sex and gender need not to match one with another. Some men are more feminine than other men. Sexual orientation indicates his sexual attractions and desire, that’s person’s sexual attraction to other type people of the same as his is. Sex, gender, sexual orientations are interconnected. What is more important for purposes of the title 7 that courts often forcefully draw line between them. In the end sex and gender are protected by title 7, however sexual orientation is not. “Sexual orientation claims arises when an employee suffers discrimination solely on accounts of his or her sexual orientation. Law currently stands; sexual orientation claims are not actionable under title 7. This is true regardless of whether the claim is based on homosexuality, heterosexuality, or bisexuality” (Northwestern Universality Law Review, Title 7). John Smith and Joseph Oncale had almost the same issues when they both were harassed and discriminated at their work places. Unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of any sexual nature represent sexual harassments. “When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the...
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...Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with the intent to murder, however the learned magistrate of St John’s Magistrate’s court committed the defendant to stand trial on a charge of wounding with intent to do grievous bodily harm. The court however had no power to commit the defendant for any offence other than the offence with which he had been charged. • Golden Rule The Golden rule is an extension of the literal rule, giving either narrow or wide meaning to the law; the Narrow meaning can be exemplified in the case of Marilyn Spenser v the Attorney General (AG), where the appellants, members of the Executive of the Committee of the Hallelujah Square Tabernacle church submitted to the Attorney General (AG) articles of incorporation of the church as a religious non- profit organization. However, the AG rejected the request stating that a nonprofit company must be a commercial enterprise which is to be carried out without financial gain to its members. Wide Meaning on the other hand is used to give law a wider meaning...
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...FRANCHISES AND SPECIAL FORMS OF BUSINESS 40 Seoul, South Korea This is a KFC restaurant in Seoul, South Korea. International franchising of American brands to foreign countries—and foreign countries’ brands to the United States—exploded in the late twentieth century. Franchising on a global scale continues unabated in the twenty-first century. CHAPTER OBJECTIVES After studying this chapter, you should be able to: 1. Define franchise and describe the various forms of franchises. 2. Describe the rights and duties of the parties to a franchise agreement. 3. Identify the contract tort liability of franchisors and franchisees. 4. Define licensing and describe how trademarks and intellectual property are licensed. 5. Describe how international franchising, joint ventures, and strategic alliances are used in global commerce. CHAPTER CONTENTS ISBN 0-558-40229-1 INTRODUCTION TO FRANCHISES AND SPECIAL FORMS OF BUSINESS FRANCHISE FRANCHISE AGREEMENT International Law • International Franchising LIABILITY OF FRANCHISOR AND FRANCHISEE Contemporary Environment • FTC Franchise Notice Case 40.1 • Martin v. McDonald’s Corporation 629 Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues , Seventh Edition, by Henry R. Cheeseman. Published by Prentice Hall. Copyright © 2010 by Pearson Education, Inc. 630 PART VIII BUSINESS ORGANIZATIONS AND ETHICS LICENSING JOINT VENTURE STRATEGIC ALLIANCE Contemporary Environment...
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...Satyan Basnet History 1302 Book Journal I Johnstown Flood Date: February 18th 2014 Chapter 1: The Sky Was Red After reading the first chapter, I view Johnstown in 1889 as a growing industrial city. Like any other town and cities, the Industrial Revolution had huge effect in its rapid growth. People seemed to be rushing to this town from everywhere. Though the Germans and the Welsh were the first settlers, many others like the Scotch-Irish, Jews and Negroes came along in droves to toil at the town's steel and barbed wire factories. Before the arrival of the canal, Johnstown seemed to be sparsely populated with a rather slow life and the town remained no more than a backwoods trading center. However, with the arrival of the Pennsylvania Mainline canal in 1834 , it became one of the booming town at the heart of Allegheny Mountain Range. After 1834, as the chapter depicts, life in Johnstown seems to start gaining a rapid pace. The nearly doubling of population from 15,000 to 30,000 within ten years time shows how people from all parts of the country were moving into this valley in search of opportunity and prosperity. The image of the town also shows a difference in class. There were wealthy people who lived on the high ground, while the poor workers were crowded in the lowlands. Johnstown then had five-story buildings on Main, up-to-date stores, opera house, a night school, a library, a remarkable number of churches, and several large, handsome houses, most of...
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...Introduction The Walt Disney Company was originally founded in 1923; a company committed to providing quality and wholesome entertainment experiences to people of all ages. The company is known for the following four segments, which consist of Studio Entertainment, Parks and Resorts, Consumer Products and Media Networks. The Walt Disney Company consists of five (5) Disneyland and Disney Park Resorts, in total. Two are located in the United States, one in Europe and two in Asia Pacific. The original Disneyland Resort was built in 1955, in Anaheim, California; followed by Disney World Resort, Lake Buena Vista, Florida in 1971. After the success of these two large theme parks in the United States, Disney decided to expand internationally. First Tokyo Disney Resort built in 1983, secondly, Disneyland Resort Paris (EuroDisney) which opened its doors in 1992, and thirdly, Hong Kong Disneyland, opening its doors in 2005. Case Study Questions 1. The factors that contributed to EuroDisney, now called Disneyland Resort Paris, poor performance during its first year of operation was the lack of knowledge of their target market, cultural differences between the USA and Europe, and the failure to take into account that “Paris is Europe’s most-popular city destination among tourist of all nationalities”. Disney did a bad job at understanding Europeans and their lifestyles. Unfortunately, for Disney the French were neither happy nor receptive to having what they called “America Cultural...
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...Business Plan Hotel LUX: it starts here Kristel Lako 120547 Vivian de Lange 121181 Anne- Sophie Kersten 121104 Nadia Hassoune 123094 ------------------------------------------------- Team assignment Business Plan Team managers: R. van Ginneken & Maarten Staps Deadline: 07-6-2013 Class: 1HM 14 Vivian de Lange 121181 Anne-Sophie 121104 Kristel Lako 120547 Nadia Hassoune 123094 Executive Summary "When there is true hospitality, not many words are needed" The core purpose of this report is to show an idea of a feasible business hotel in Munich. The business plan explains all points, while going into debt in accounting, finance, marketing and Human Resource, why this concept will be profitable on long term. Hotel LUX is a 4 star business hotel and the main target group will be young entrepreneurs and local partners. The hotel is strategically located in the city centre of Munich and it enables its guests to be at the heart of the business community. The long-term goal of hotel LUX is to become one of the top choices in Munich for temporary lodging. This will be accomplished by creating a differentiated experience capitalizing on personal service, the facilities that the hotel provides and its unique location in one of the most attractive places in Germany, for business as well as leisure guests. We plan to be more than just lodging and accommodation and we aim for a social and warm atmosphere to relax in, and an inspiring...
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...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...
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...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...
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...YOUTH HOMELESSNESS IN CALIFORNIA Name: Class: Date: Executive summary The United States will endure being an advanced country if the numbers of people holding cardboard on the street do not lessen. 1 out of 7 people in U.S suffer from hunger and are forced to sleep in parks, under bridges, in shelters or cars. Every year, the homeless population grows in the United States. Persons become homeless for many reasons. Because they are destitute, they have been struggling in every way that human likely can have. To get back on their feet, they need help in every way. The homeless population is increasing drastically in society. People who are more fortunate than others should put social status aside and take an action to help homeless people to get back on their feet. Homelessness is a state where an individual or a family does not have a home to live. Along with that, the person is deprived of the legal, and the social dimensions are making him emotionally weak and in the state of isolation. Since the year 1980s, there had been a great shock to the Americans due to the rising homelessness. It led to a burst in the studies and the increasing stories related to the Stewart B. McKinney Homeless Assistance Act of July 1987. In this act, there was an interference allowed off the federal government into this policy of homelessness, which had created many issues. For many years after that, this issue of homelessness remained on the top of the line in the political issues face...
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