BUSINESS LAW A) Jane, a youth worker, confiscates a flick knife from a member of her youth club and gives it to her supervisor. B) Tony, an antique dealer, displays an old military knife with a spring opening device in his shop window with a price ticket attached to it. C) Fola buys an unopened box of kitchen utensils from a car boot sale. Without examining the contents closely she donates the box to a charity shop. The box is found to contain a flick knife. Any individual, who produces
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A possible offence for Harry is Unlawful Act Manslaughter; the Actus Reas of unlawful act manslaughter is the unlawful killing of a human being. The prosecution must prove that the defendant has committed an unlawful criminal act which has resulted in the death of the defendant In the case of Lamb there was no initial crime as they believed a bullet could only be fired when it was in the chamber opposite the guns hammer so neither expected it to fire In this case the unlawful act was speeding up
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towards the modern doctrine of negligence was explained in Heven and Pender. Lord Esher discussed why a duty of care might be owed by one party not to injury another. First, that there must be duty of care owed. Secondly, that there is a breach of this duty. Third, that there must be loss or damage suffered. Fourth, that there is causal link established between the breach of duty and the loss or damage suffered. Later more fundamental elements were needed to prove negligence. Indermaur v Dames is a
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parties mentioned in the suit. The hospital refused liability, stating that: the patients who sustained a fall were awake, oriented and experienced no limitation in mobility; the patient who was given the incorrect medication died not from staff negligence, but from an unidentified allergic reaction to a food substance and had no history of allergies. On this paper I will be responding to the following questions: * Identify and explain at least three legal considerations. * Identify and
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Early English common law in many a time, imposed liability on those who had caused harm regardless of wrongful intent or negligence. Trespass was used to be considered as a remedy for all tortious wrongs .However, over the centuries, judges started focusing more on the intent and negligence behind the actions than the nature of the actions which lead to the development of negligence and trespass. At the time of Rylands v. Fletcher, the previous case relied upon was Vaughan v Menlove, decided in the
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Section 300 of the Penal Code Section 300 of the Penal Code mainly lays down the elements that need to be proved upon the conviction of murder by the accused. In this section, it provides 4 clauses as can be seen below : (a) Killing with the intent to kill (b) The accused intended to inflict bodily injury on the victim and knows that death is likely the result of the bodily injury. ( It combines both the elements contained in the second and third limbs of s 299, that is the intention to inflict
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Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control
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tort violation to mitigate the risk, and discuss when it is time to involve legal counsel. Potential Tort Risks After reviewing the product liability video Team A found there were a number of torts violations, we will discuss intentional torts, negligence, product liability. Intentional Torts According to Cheeseman (2010) an intentional tort is, “a category of torts that requires the defendant possessed the intent to do the act that caused the plaintiffs injuries” (p. 75). Here, we will discuss
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Question 1 This issue with this case concerns the offences committed by the three China bus drivers that went on strike, the required criminal laws to deal with the offences committed are Duress, Tort of Conspiracy, Employment law and Discharge of Contract. As part of the common law, Duress happens when one party refuses to agree into a contract and is forced to agree to the contract by violence or a threat, and also the threat must be of relation to actual physical violence to life, limb or
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airport, which, we will assume, is in charge of maintaining the concourse, alleging negligence on the part of the Airport. A subsequent investigation revealed that the banana peel was brownish when Alan slipped on it. Alan states that he has no idea where the peel came from and why it ended up where it did. The Airport moves for summary judgment on the grounds that Alan has not alleged any evidence of negligence on the part of the airport. The Airport claims that it has no idea how the peel
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