Section 142 states “An agent has an authority, in an emergency, to take any actions to protect the principal from loss as any person of ordinary prudence will do, for himself, in the same circumstances.” The agency may exist by the consent of both parties, which are the agent and the principal. In some cases, the necessity agent will exist, in an emergency, where by a person is entrusted by force to protect other’s property, although he has not been appointed by the principal. However, it is necessary
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A Costly Mistake Bus 311 Beth Garcia April 23 2012 Introduction- Thesis statement In April 2010 British Petroleum (BP) had its worst nightmare come true; the Deepwater Horizon drilling rig exploded. Gushing million and millions of barrels of oil into the ocean becoming the largest oil spill in history. Effecting animal life and small business for years to come; someone had to be responsible, someone had to pay. Throughout this paper we will explore BP’s legal options, the administrative
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Holding a Daycare Responsible When Your Child is Injured Kids play rough, and injuries are a part of childhood. However, some injuries that occur in daycare are unacceptable. Daycares are expected to meet a high standard of care in its daily operations, and when they fail to meet this standard, they may be responsible for your child’s injuries. The duty of care is the daycare’s responsibility to take reasonable measures to keep children safe during the day. It also includes the responsibilities
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1. Respond either yes or no the case problem, and state the legal principles or rule of law that supports your answer. Under intentional tort law, Heather Gamble, would have to prove: A) An act by the defendant (Sherry Thorton, employee of Dollar General). B) An intention to cause to consequences of the act. The intention is the moment when Sherry Thorton grabbed at Gamble’s panties. Sherry Thorton had the knowledge that her action can cause harm. C) Causation-the injury was caused by the defendant’s
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Duty to warn was first established in 1976 in the state of California which set a precedent ruling that psychotherapists have a duty to warn a victim when they are in a life threating situation. Over the years most states have adopted such laws for social workers, therapists, psychiatrist to act upon in situations to prevent a person from doing harm to another such as bodily injury or homicide to another individual. Duty to warn supersedes a client’s privacy and the helping professional would not
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Gibson will satisfy that she had a reasonable expectation that jumping through a window would be successful in avoiding a dangerous crowd. Under Massachusetts’s law, the defendant’s must have a reasonable expectation that there would be a direct casual relationship between their actions and the alleged harm, otherwise the actions would fail to be the direct cause of abating the danger. Hood, 452 N.E.2d at 196. Thus the actions must abate the alleged danger directly. Commonwealth v. McCambridge, 690
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INTRODUCTION This is construction defect case wherein Defendant SMS Construction, LLC (“SMS Construction” or “Defendant”) is attempting disclaim its duties and obligations as general contractor. SMS has not offered any evidence regarding damages or third-party subcontractors and/or Plaintiff James Bannie (“Plaintiff” or “Bannie”) causing or contributing to the damage at the Property. The Court must exclude all testimony and opinion from Defendant regarding damages. The Court must also exclude
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Chapter 8—Negligence and Strict Liability TRUE/FALSE 1. A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence. ANS: T MSC: AACSB Analytic 2. In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps. ANS: T MSC: AACSB Analytic 3. A "reasonable person standard" does not apply to children since they
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An Ethical Analysis of Negligence In this paper, the author will describe the main differences among negligence, gross negligence, and malpractice in the medical field. In addition, the author will explain his opinion about this article and the facts described in it as well as the rationale used to form this opinion. Furthermore, the author will describe the importance of documentation in the medical field as well as how nurses should document when providing care while complying with legal and ethical
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1. In relation to the law of tort explain: (a) the neighbour principle; (b) remoteness of damage; (c) liability for economic/financial loss. 2. In relation to the law of negligence, explain the extent of a company auditor’s duty of care and to whom any such duty is owed. 3. David is driving 25 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves
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