include distress, future problems of our life and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation, humiliation from scars, loss of anticipated business and other harm. The third damage is exemplary damages which combines punishment and the setting of public example. Punitive damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton, or grossly reckless
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Case Brief for Lumpkin v. Mellow Mushroom Case Brief: Lumpkin v. Mellow Mushroom Case Name, Citation & Court: Lumpkin v. Mellow Mushroom, 256 Ga. App. 83, 567 S.E.2d 728, Court of Appeals of Georgia, decided 2002. Parties & Procedural History: Trial Court Level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed. First Appeal: Ga. Court of Appeals affirmed judgment
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Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Kendra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner
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Disclosure or Nondisclosure: When Should Employers Be Required to Warn? Finding employment in a time when jobs are limited and competition is fierce can be a very stressful process for any job seeker. Having the required skills, knowledge, and education is simply not enough to make a person the most qualified candidate. References from past jobs are also needed and are very important in helping prospective employers determine which applicant is likely to bring the most productivity to the company
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Question 1 Issues • Whether the hotel is responsible to the negligence. • Whether the exemption clause can exclude its liabilities. Analysis First of all, we need to clarify whether the hotel is responsible to the negligence. To succeed a tort action, the following element must be satisfied: • The defendant owes a legal duty of care to the plaintiff; • The defendant breaches the duty of care; • The plaintiff’s loss or damage is a consequence of the breach of duty (Causation)
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英 国 侵 权 法 下 的 疏 忽 强* 叶 Abstract As an independent tort, negligence under English law refers to the defendant fails to perform the legal duty to take care to the plaintiff. Accordingly the defendant’s negligence results in damage which is undesired by the defendant and suffered by the plaintiff. In theory, negligence’s ingredients are: (1) a legal duty to take care is owned by the defendant towards the plaintiff; (2) the duty of care is breached by the defendant; and (3) the defendant’s
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Limited v Gulliver (1942) – pg 235 Conflict of interest. Interests of the company must come first. Directors have to account for profits they enjoy even if the company was not prejudiced. Two directors took up shares of a subsidiary coy to help further business of original coy (cinemas). When plans of coy changed, they sold their shares at a
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You Decide ES Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Beginbutton again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment
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CHAPTER 13 QUESTIONS 1. If a contract states no time frame for performance, when must it be performed? Performance must ordinarily be rendered within a reasonable time. 2. What is the effect of a tender of performance? If a contract calls for the performance of an act at a specified time, a tender of performance will discharge the obligation of the one making the tender so long as the tender conforms to the agreement. 3. What must a debtor do to make a valid tender of payment? The debtor
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The case of Bates v. Alumina, Inc. summarized The case is divided into three parts, to which the paper will later refer when discussing the Team Buddy recommendations to the CEO of Alumina, Inc. 1. In May, 2004, the Erehwon Reporter published a scathing article against Alumina, Inc., in which Kelly Bates charged that Alumina, Inc. had discharged polycyclic aromatic hydrocarbons (PAHs) into the waters of Lake Dira in violation of EPA standards, and therefore was responsible for her child contracting
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