Difference between contract law, tort law, and common law. * Contract law refers to written agreements and oral promises * General principles of contract law determine whether an employer-employee relationship exists and what remedies apply to breach of the employment agreement. * A contract has three elements, offer, acceptance and consideration. * Tort law refers to any wrongdoing * A tort is a wrong for which there is legal remedy. * Tort law is a branch of civil law and
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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 claim will be difficult
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Learning Team Reflection: Week 2 IRAC Brief Case: An appeal of a judgment made by Nineteenth Judicial District Court, Number 555,931, Sec. 27, parish of East Battalion Rouge, State of Louisiana, which upheld a jury verdict finding the appellate defendant All Star Chevrolet, Inc. d/b/a All Star Automotive Group and Employer insurance of Wausau liable to plaintiff appellate Russell Cole. The accident was caused by rear wheel falling off and Cole’s left side hit the driver’s side window as he struggled
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Part 1: Law in Society A) A responsible business person would set a comprehensive code of ethics and values to be met by employees and associates, and would make clear how this code is to be enforced and in what matter it will be followed-up. A legal risk plan will be outlined and the business person will make the decision to retain a lawyer or hire an on-staff lawyer to handle all legal issues that may arise, and to follow up on the legal risk plan ensuring it is implemented accordingly and adhered
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Bank of America Wardell Gordon Strayer University Professor Lateefah Muhammad June 15, 2014 Bank of America and the SEC The banking and securities establishment has been around virtually since the founding of this great nation. Right after the United States declared their independence from England they reformed and established a new way to bank and circulate money. From the start, the banking and securities industry have been working hand and hand. According to Sylla,” the sector that benefited
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This case study describes the lawsuit between Greg Mitchell, Sara Hartman, Dangerfield Inc., Continental Concessions and Sandman Resorts. Sara Hartman arrived at Sandman Resorts, where she planned on staying a week as a guest. Heavy snowfall was increasing at six inches a day and even though the driveway had been cleared earlier that day, snow continued to coat the pavement. Greg Mitchell, the valet parking attendant, gave Hartman a receipt that stated “The Management is Not Responsible for Damages
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and Erwin H. Kliger, M.D., a medical corporation (hereafter referred to collectively as defendant). In August 1986, there was a complaint filed by the plaintiffs against the defendant. The plaintiff accused the defense of violating FEHA and “intentional infliction of emotional distress”. The Plaintiffs alleged that during their employment the defendant subjected them to sexually harassing remarks and demands for sexual favors. These remarks resulted in the plaintiffs being forced to leave their
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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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5th 835 Key Facts Plaintiffs, an individual investor, a corporate investor, and associated individuals, invested in a computer company that went bankrupt. Plaintiffs brought an action against defendant accounting firm, Arthur Young, alleging intentional fraud and negligent misrepresentation. Plaintiffs contended that their investments were made in reliance on defendant's unqualified audit opinion on the company's financial statements. Issue Whether and to what extent an accountant's duty of care
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Running Head: Recognizing and Minimizing Tort and Regulatory Risk Plan Recognizing and Minimizing Tort and Regulatory Risk Plan LAW/531 September 29, 2010 Introduction Alumina, Inc. makes aluminum products and has revenues of over $4 Billion Dollars. The company is based in the United States (US) with operations in eight other countries around the world. The US accounts for 70% of Alumina’s market share. Alumina has business interests in automotive components and manufacture packaging
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