...School of Law, ChristUniversity LAW OF TORTS SCOPE AND EVOLUTION OF JOINT TORTFEASORS ANANTH KAMATH M 1416016 I BA.LLB ‘A’ Introduction Joint tortfeasors are two or more people who negligently act as a group to cause damages to another person. Joint tortfeasors are generally all responsible for the damages, meaning all individuals involved in the action are equally responsible to paying for the damages regardless if someone had more involvement than another individual. The joint tortfeasors will be held collectively responsible for their actions. Joint tortfeasor at common law Joint tortfeasor rule is embedded in New Hampshire jurisprudence. The rule is that if two or more persons engage in an unlawful act, all are jointly and severally liable for damages caused by one of them and there is no apportionment of damages are allowed among the defendants New Hampshire law imposes joint tortfeasor if defendants act in concert by entering into a civil conspiracy or abetting on another in commission of an unlawful act. The elements are: * There should be two or more persons * An object should be accomplished * There should be an course of action * There should be one or more overt acts Aims and Objectives of the paper – To disclose and further explore the field or areaof joint tortfeasor and identify and study in detail the basic elements which are mandatory and essential. This paper also intends on drawing a hypothesis...
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...OTIS F. WOOD v. LUCY, LADY DUFF-GORDON, 222 N.Y. 88; 118 N.E. 214; 1917 N.Y. LEXIS 818 Fact: Lady Duff-Gordon was a fashion guru and hired Wood’s agency to have the exclusive right to her endorsement and fashion design. Lady Duff-Gordon was to handle business for Wood and in return, Lady Duff-Gordon was to receive one half of all the income. Lady Duff-Gordon placed her endorsement on fabrics without the knowledge of Wood and withheld the profits from those fabrics. Issue: Whether the contract lacks mutuality? It does not expressly bind or require the Plaintiff to actually place endorsements or market defendant’s designs. Rule: Phoenix Hermetic Co. v. Filtrate Mfg. Co., 164 App. Div. 424; the acceptance of the exclusive agency was an assumption of its duties Analysis: The circumstances supported a promise by implication that Wood would use reasonable efforts to place the endorsements and market the designs. Unless he gave his efforts neither party would gain anything from the contract. Additionally, the one-half profit arrangement was a promise to use all of his efforts in order that the contract would have value to Wood. Justice Cardozo looks to the exclusive privilege given to Wood and that acceptance thereof was an assumption of the duties to place and market the designs. With Wood’s implied efforts to assume those duties, neither party could effectively make money. Therefore, the court held it was clear from the terms and recitals and duties under the contract...
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...the common law, as more flexible, responsive to the needs of the individual and more inclined to take account of the parties’ conduct and worthiness. In conducting this research, it cannot be said that there is a definitive list of the maxims: different sources give different examples and some works prefer to avoid the term altogether in favour of a broader discussion of the character of equity. Above all, the maxims are applied only when the court feels it appropriate: none of the maxims is in the nature of a binding rule and for each maxim it is possible to find as many instances of its not having been applied as instances where it has been. I will give such instance, such as the role of the maxims was discussed in the case of Tinsley v Milligan [1993] 3 All ER 65, (which I will not go in detail). In the Court of Appeal a flexible approach was taken to the application of the maxim, ‘he who comes to equity must come with clean hands’, but in the House of Lords, this was rejected. Such a flexible approach, depending upon such an ‘imponderable factor’ as public conscience, would lead to great uncertainty (Halliwel, 2004). It is submitted that this cannot be taken as evidence that every maxim is binding in every situation which would appear to lie within its wording. The true answer may lie in the fact...
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...The manufacturing TQM and service quality literatures: synergistic or conflicting paradigms? Rhian Silvestro Warwick Business School, University of Warwick, Warwick, UK Introduction Although most of the exponents of TQM explicitly claim that TQM is transferable to services, the precepts and practices have been derived from the experience of consultants and practitioners in manufacturing. Both the US and Japanese “gurus” focus and address their work primarily to manufacturers, with application of TQM in services only given secondary attention. As Albrecht (Albrecht and Bradford, 1990) puts it, these contributors “were born in a manufacturing era, and they have a predominantly manufacturing mindset at their foundation”. Yet, despite its manufacturing origins, both academics and practitioners have, over the past 15 years, been concerned to apply and transfer TQM principles and practices to services. However, the inadequacy of the literature in guiding service managers and transferring the TQM principles, management tools and techniques to service environments has become a familiar theme (see for example, Albrecht and Bradford, 1990; Feigenbaum, 1988; Ghobadian and Speller, 1994). Many of the tools and techniques are quantitative and have limited application in service environments where the deliverables are often intangible, heterogeneous and their consumption and delivery simultaneous. In part no doubt to address this deficiency, the service quality literature has evolved over...
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...ELECTRONIC WORD-OF-MOUTH IN HOSPITALITY AND TOURISM MANAGEMENT Stephen W. Litvin College of Charleston Ronald E. Goldsmith Florida State University Bing Pan College of Charleston Stephen W. Litvin is Professor of Hospitality and Tourism Management in the School of Business and Economics, at the College of Charleston (South Carolina); Ronald E. Goldsmith is the Richard M. Baker Professor of Marketing at Florida State University; and Bing Pan is Assistant Professor and the Director of the Office of Tourism Analysis at the College of Charleston. Address correspondence to: Steve Litvin, Department of Hospitality and Tourism Management, College of Business and Economics, College of Charleston, 66 George Street, Charleston, SC 29424. Phone 843-953-7317; Email litvins@cofc.edu Submitted June, 20, 2005 to Tourism Management Revised and resubmitted May 09, 2006 Second revision October 1, 2006 ELECTRONIC WORD-OF-MOUTH IN HOSPITALITY AND TOURISM MANAGEMENT Abstract Interpersonal influence and word-of-mouth (WOM) are ranked the most important information source when a consumer is making a purchase decision. This influence may be especially important in the hospitality and tourism industry, whose intangible products are difficult to evaluate prior to their consumption. When WOM becomes digital, the largescale, anonymous, ephemeral nature of the Internet induces new ways of capturing, analyzing, interpreting, and managing online WOM. This paper describes online interpersonal...
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...An analysis of a thermal power plant working on a Rankine cycle: A theoretical investigation R K Kapooria S Kumar Department of Mechanical Engineering, BRCM College of Engineering & Technology, Bahal (Haryana) and National Institute of Technology, Kurukshetra, India Department of Mechanical Engineering, National Institute of Technology Kurukshetra, India K S Kasana Department of Mechanical Engineering, National Institute of Technology, Kurukshetra, India Abstract Today, most of the electricity produced throughout the world is from steam power plants. However, electricity is being produced by some other power generation sources such as hydropower, gas power, bio-gas power, solar cells, etc. One newly developed method of electricity generation is the Magneto hydro dynamic power plant. This paper deals with steam cycles used in power plants. Thermodynamic analysis of the Rankine cycle has been undertaken to enhance the efficiency and reliability of steam power plants. The thermodynamic deviations resulting in non-ideal or irreversible functioning of various steam power plant components have been identified. A comparative study between the Carnot cycle and Rankine cycle efficiency has been analyzed resulting in the introduction of regeneration in the Rankine cycle. Factors affecting efficiency of the Rankine cycle have been identified and analyzed for improved working of thermal power plants. Keywords: Rankine cycle, steam-turbine, efficiency, Feed Water Heater (FWH), irreversibility...
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...Virtual Teams: A Review of Current Literature and Directions for Future Research1 The DATA BASE for Advances in Information Systems Anne Powell Southern Illinois University Edwardsville Gabriele Piccoli Cornell University Blake Ives University of Houston Winter 2004 (Vol. 35, No. 1) Introduction Global competition, reengineered product life cycles, mass customization, and the increased need to respond quickly to customers’ needs are just some of the more pronounced trends currently driving organizational change (Grenier & Metes, 1995; Miles & Snow, 1986; Miles & Snow, 1992). One of the building blocks of these successful organizations is the Virtual Team. As a consequence, a growing number of organizations are implementing them or plan to implement them in the near future (Lipnack &Stamps, 1997; McDonough et al., 2001) and their use is expected to continue to grow (Carmel & Agarwal, 2001; McDonough et al., 2001). The increasing popularity of virtual teams has spurred a parallel growth in research examining various aspects of virtual team adoption and use. Recent research has studied virtual team inputs, socioemotional processes, task processes, and outcomes. Much of this literature focuses on comparisons of virtual teams and traditional teams. Virtual Teams Traditionally, both the terms “team” and “group” have been used to describe small collections of people at work. While the two terms are often used interchangeably...
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...Service QualityLEARNING OBJECTIVESAfter completing this chapter, you should be able to: 1. Describe and illustrate the five dimensions of service quality. 2. Use the service quality gap model to diagnose quality problems for a service firm. 3. Describe how the SERVQUAL survey instrument is used to measure gaps in a service firm's quality. 4. Illustrate how Taguchi methods and poka-yoke methods are applied to quality design in services. 5. Construct a "house of quality" as part of a quality function deployment project. 6. Construct a statistical process control chart for service operation. 7. Use a fishbone chart in a cause-and-effect analysis. 8. Compare and contrast the quality program features espoused by Philip Crosby and W. Edward Deming. 9. Describe the features of an unconditional service guarantee and its managerial benefits.10. Discuss the concept of a service recovery.Service "with a smile" used to be enough to satisfy most customers. Today, however, some service firms differentiate themselves in the marketplace by offering a "service guarantee." Unlike a product warranty, which promises to repair or replace the faulty item, service guarantees typically offer the dis satisfied customer a refund, discount, or free service. Take, for example, the First Interstate Bank of California. After interviewing its customers, the bank management discovered that they were annoyed by a number of recurring problems, such as inaccurate statements and broken automatic teller machines...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...MEDIEVAL WEAPONS Other Titles in ABC-CLIO’s WEAPONS AND WARFARE SERIES Aircraft Carriers, Paul E. Fontenoy Ancient Weapons, James T. Chambers Artillery, Jeff Kinard Ballistic Missiles, Kev Darling Battleships, Stanley Sandler Cruisers and Battle Cruisers, Eric W. Osborne Destroyers, Eric W. Osborne Helicopters, Stanley S. McGowen Machine Guns, James H. Willbanks Military Aircraft in the Jet Age, Justin D. Murphy Military Aircraft, 1919–1945, Justin D. Murphy Military Aircraft, Origins to 1918, Justin D. Murphy Pistols, Jeff Kinard Rifles, David Westwood Submarines, Paul E. Fontenoy Tanks, Spencer C. Tucker MEDIEVAL WEAPONS AN ILLUSTRATED HISTORY OF THEIR IMPACT Kelly DeVries Robert D. Smith Santa Barbara, California • Denver, Colorado • Oxford, England Copyright 2007 by ABC-CLIO, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publishers. Library of Congress Cataloging-in-Publication Data DeVries, Kelly, 1956– Medieval weapons : an illustrated history of their impact / Kelly DeVries and Robert D. Smith. p. cm. — (Weapons and warfare series) Includes bibliographical references and index. ISBN-10: 1-85109-526-8 (hard copy : alk. paper) ISBN-10: 1-85109-531-4...
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...Research Report DCSF-RR051 Independent Learning Literature Review Bill Meyer, Naomi Haywood, Darshan Sachdev and Sally Faraday Learning and Skills Network Research Report No DCSF-RR051 Independent Learning Literature Review Bill Meyer, Naomi Haywood, Darshan Sachdev and Sally Faraday Learning and Skills Network The views expressed in this report are the authors’ and do not necessarily reflect those of the Department for Children, Schools and Families. © Learning and Skills Network 2008 ISBN 978 1 84775 239 0 Contents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Executive summary...............................................................................2 Introduction .........................................................................................10 Policy context ......................................................................................12 Methodology........................................................................................14 Defining independent learning.............................................................15 Key elements of independent learning ................................................21 Models of independent learning ..........................................................25 Skills required for independent learning ..............................................28 How teachers can promote independent learning ...............................32 How schools can promote independent learning.............
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...PANDUAN PROGRAM KOKURIKULUM Pusat Kokurikulum dan Pemajuan Pelajar Menjana Minda Cemerlang, Melangkah Gagah Gemilang Pusat Kokurikulum dan Pemajuan Pelajar Universiti Malaysia Sabah Tel : 088-320079 Faks : 088-320885 pkpp@ums.edu.my Cetakan Pertama 2009 © Universiti Malaysia Sabah Hak Cipta terpelihara. Tidak dibenarkan mencetak ulang mana-mana bahagian dalam buku ini dalam apa jua bentuk atau cara sama ada secara elektronik atau mekanik tanpa permohonan bertulis kepada Universiti Malaysia Sabah, Beg Berkunci 2073, 88999, Kota Kinabalu, Sabah. Diterbitkan di Malaysia oleh Penerbit Universiti Malaysia Sabah Beg Berkunci 2073, 88999 Kota Kinabalu, Sabah Dicetak di Malaysia oleh Semua pertanyaan hendaklah diajukan kepada : Pengarah Pusat Kokurikulum dan Pemajuan Pelajar Universiti Malaysia Sabah Tel : 088-320079 Faks : 088-320885 Kandungan Kata Pengantar Timbalan Naib Canselor (HEPA) Prakata Pengarah PKPP Pendahuluan - Pusat Kokurikulum dan Pemajuan Pelajar 1 - Objektif - Matlamat - Struktur Organisasi - Fungsi Unit Panduan Pendaftaran 6 - Proses pendaftaran - Pra-Syarat pengambilan kursus - Jam kredit kursus Pengajaran Kursus 8 - Dasar pengajaran kursus - Rujukan Ilmiah - Perlaksanaan Pengajaran dan Pembelajaran Penilaian 10 - Kaedah...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...Use these links to rapidly review the document TABLE OF CONTENTS Index to Consolidated financial statements Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 20-F (Mark One) o REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended 30 June 2013 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 OR o SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 001-35627 MANCHESTER UNITED plc (Exact name of Registrant as specified in its charter) Not Applicable (Translation of Company's name into English) Cayman Islands (Jurisdiction of incorporation or organization) Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA (Address of principal executive offices) Edward Woodward Executive Vice Chairman Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA Telephone No. 011 44 (0) 161 868 8000 E-mail: ir@manutd.co.uk (Name, Telephone, E-mail and/or Facsimile number and Address of Company Contact Person) Securities registered or to be registered pursuant to Section 12(b) of the Act. Title of each class Class A ordinary shares, par value $0.0005 per share Name of each exchange on which registered New York Stock Exchange Securities...
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