plans regarding the land he wants to purchase. David says that as far as he is aware there are no proposals by the Council regarding the land but suggests to Alistair that he seek legal representation. Alistair says that he has been in the restaurant business for many years and has dealt with councils during that time and ‘everything has always turned out fine’. David says ‘I’ll check again to make sure’ and asks Alistair to wait on the line. David comes back and confirms that there are no proposals and
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relation to an action for personal injuries or property damage where the concepts are easiest to understand. More difficult duty problems, such as liability for statements or for pure economic loss, will be dealt with later. Duty is but one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage
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defendants in this case. Mabel has to waste another year finishing her courses and took courses that were irrelevant. Mabel wants to reclaim her tuition from CNSA so she could pay for the qualifying year at USNA. She is seeking damages and will portray how tort of negligence was violated and was provided with misrepresentation of information. Duty of care should be owed to every student that turns to an advisor for guidance, students can’t afford to be misrepresented and have advisors be negligent when providing
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Case Study on tort of Defamation (Relevant to AAT Examination Paper 6: Fundamentals of Business Law) Alfred Chan, Solicitor There has been an increase in the number of defamation cases which have gone to court. In the two scenarios cases that follow, both of which are taken from recent court cases, we can see examples of legal issues in defamation and how one can approach them. Hopefully this will improve your technique in answering problem-solving type questions. First to refresh your memory, in
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until the full payment is made. In addition, Steven has the right to sue Mandy if he fails to repair the car regardless of circumstances. The contract prohibits other assignment and therefore Mandy cannot assign to anyone else. This may be a sort of business, when Mandy decides to have the car prepared by another party at a larger amount (Miller, & Hollowell, 2014). Question 3 Under the shipment and
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There are many risks for a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective
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Scenario 1 Quarterback vs Opposing Player The tort actions caused by the opposing player during the football game were intentional. The reason is because the opposing player did try to tackle the quarterback. The plaintiff in this case would be the quarterback. The opposing player would be the defendant because he is the person who intentionally tried to hit or tackle the quarterback. The quarterback has the right to sue the opposing player because the hit was an intentional battery. This
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1. Explain whether Jake’s actions are in or out of “his scope of employment”. The connection between employer and employees establish the success of a business. Employees are expected to have loyalty and obedience to his employer. When the employee signs a contract is willing to be bound and give the employer the best of his work. Most important the employee is supposed to follow all lawful and clearly given command of his employer and any difference or negligence of duty is punishable under
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Alison Peterson v. Grocery Depot, Inc Business Law 226 March 3rd, 2011 Jack Schwab The Alison Peterson v. Grocery Depot Inc tort lawsuit is about an incident that occurs in countless grocery stores across the United States. Peterson is alleging Grocery Depot Inc. was negligent in their duty of care to her as a business visitor. Grocery Depot Inc. as a property owner has a legal duty to maintain the grocery store premises in a safe and hazard free condition or to warn a customer about
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Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County Lisa Auvil January 22, 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown, SPHR, Instructor Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County 1. What is the legal issue in this case? The legal issue in this case is negligent referral (Walsh p 148). Negligent referral is when a former employer gives a positive recommendation that leads to half-truths with regards
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