Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis
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The breach of duty of the health care providers is defined as the deviation from the standard of practice owed the patient. The inability of the health care provider to deliver an intervention required for the right patient and or the omission medical treatment necessary to eliminate injury. The foreseeability is considered as the anticipated consequences and potential risk to the patient due to an omission and deviation of the standard of practice. The medication error and the fall are two of the
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A "tort" is an injury one person or entity inflicts upon another. When one person commits a tort upon another, the injured person is entitled to remedies under the law. Generally, these remedies can include monetary compensation and restraining orders There are a number of different types of torts such as: Automobile Accidents: when one driver causes an accident which injures (or sometimes kills) others Malpractice: Normally involves injuries one can receive due to the mistake of a licensed
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A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the
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dissimilarities of liability in tort and contractual liability along with elaborating the essence of liability in negligence and vicarious liability with the aim at depicting their applications in business contexts and daily situations. Besides, the study pursues litigations and statutes in the United Kingdom, the United State and Vietnam from the late seventeenth century until now. PART 1 THE PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS CONTEXTS 3.1 Contrast between liability in tort and contractual liability
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CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It
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Chapter 1 1. Regardless of how such rules are created, they all have one feature in common: they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration
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Hair Today Gone Tomorrow Ltd. INTRODUCTION Companies are formed to create a legal identity separate from the individuals who make up the membership of the company. A company is the predominant form of legal entity for conducting business in Ireland today. There are different types of company including private companies limited by shares, public limited companies, single member companies, unlimited companies, companies limited by guarantee having a share capital and companies limited by guarantee
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Apply the tort of negligence to a given fact situation |Level |5 | |Credits |3 | Purpose People credited with this unit standard are able to explain the law of torts, and apply the tort of negligence to a given fact situation
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the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. After reviewing the four areas that must be met for a defamation tort, I feel that it does qualify for a tort. Defamatory statement – this was met. WIRETIME, Inc. had a statement published in a well-known magazine that can be interpreted as remarks that were meant to harm the reputation of the
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