agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions. A bailment is not the same as a sale, which is an intentional transfer of ownership of personal property in exchange for something of value. A bailment involves only a transfer of possession or custody, not of ownership. A rental or lease of personal property might be a bailment, depending upon the agreement
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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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Professional Responsibility Mulligan versus Friedman perspectives on moral business decisions * Mulligan: Execs have most knowledge and will be better at at analyzing problems and implementing solutions * Friedman: Execs are not competent to solve moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person”
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Nature of Law Sources of law: 1. Statute law laws crated by State and Federal Parliament 2. Common law courts and judiciary system 3. Equity expands remedies beyond monetary compensation Classification of law: * International v domestic * Public v private * Substantive (rights and duties under the law) v procedural (rules of evidence and conduct) * Common (parliament and courts) v civil (legal code) * Civil actions v criminal actions Origins of Australian Law:
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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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use income derived from a pattern of racketeering activity to acquire an interest in a enterprise. 9. Rule of Law: Intentional Torts: Battery A battery is the intentional and harmful or offensive touching of another without consent. 10. Rule of law: Intentional Torts: Assualt Is placing a person in immediate apprehension of one's physical safety. 11. Rule of Law:Intentional Torts: Assault/Battery Defenses o 1. Self defense is defending yourself and a third party using only enough force that is
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Week 1: Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business
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Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the
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TORTS AND CYBER TORTS CHAPTER 12 Section 1: The Basis of Tort Law * A Tort law is designed to compensate those who have suffered a loss or injury due to another person’s wrongful act. It is meant to obtain compensation (monetary damages) or other remedies for the harm suffered. * The purpose of Tort Law: Tort law tries to protect certain things that society recognizes as an interest worth protecting such as property, intangible interests (personal privacy, family relations, reputation
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12/16/15 Business Law Bernardone Tort Law Essential Question: What is the difference between an intentional tort and a subconscious tort? When an individual commits an amiss against another person, it is labeled as a tort. Occasionally people confuse tort law with criminal law. Although criminal law and tort law are wrongs committed, they are distinct for the reason that, criminal law is a crime against the public good of society. Meanwhile, tort law is a crime committed toward a person
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