英 国 侵 权 法 下 的 疏 忽 强* 叶 Abstract As an independent tort, negligence under English law refers to the defendant fails to perform the legal duty to take care to the plaintiff. Accordingly the defendant’s negligence results in damage which is undesired by the defendant and suffered by the plaintiff. In theory, negligence’s ingredients are: (1) a legal duty to take care is owned by the defendant towards the plaintiff; (2) the duty of care is breached by the defendant; and (3) the defendant’s
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good faith and fair dealing in the banking relationship. Compare and contrast the differences between intentional and negligent tort actions Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and, if the bank you’ve chosen were to behave as JP Morgan did, would you be able to prevail in such a tort action. With the advent of mobile banking, discuss how banks have protected the software that allows for online transaction
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256 Case List Company Pre-incorporation contracts Kelner v Baxter (1866) – pg 134. contract signed by promoters who added “on behalf of – X company ltd”. Company concerned was not in existence at time contract made. Court said that if person makes contract as agent when the principal has not been formed then the agent is bound personally. Newborne v Sensolid (Great Britain) Ltd (1954) – pg 134. N contracted to sell tinned ham to S. Contract signed using coy name but not yet incorporated
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You Decide ES Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Beginbutton again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment
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CHAPTER 13 QUESTIONS 1. If a contract states no time frame for performance, when must it be performed? Performance must ordinarily be rendered within a reasonable time. 2. What is the effect of a tender of performance? If a contract calls for the performance of an act at a specified time, a tender of performance will discharge the obligation of the one making the tender so long as the tender conforms to the agreement. 3. What must a debtor do to make a valid tender of payment? The debtor
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line. The decision to award the enormous damages is not without controversy, however. The damages awarded were for personal injuries, a tort case. Tort law is justified by what Aristotle calls corrective justice (Weinrib 74). According to Aristotle, when tort damages are awarded the purpose is to restore the balance of things to the state it was before the tort occurred (Aristotle 127). Cases of corrective justice should never be used to punish the defendant or deter others, as using corrective justice
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The case of Bates v. Alumina, Inc. summarized The case is divided into three parts, to which the paper will later refer when discussing the Team Buddy recommendations to the CEO of Alumina, Inc. 1. In May, 2004, the Erehwon Reporter published a scathing article against Alumina, Inc., in which Kelly Bates charged that Alumina, Inc. had discharged polycyclic aromatic hydrocarbons (PAHs) into the waters of Lake Dira in violation of EPA standards, and therefore was responsible for her child contracting
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tendering 4.9 Negotiation 4. contract choice (JCT/NEC etc.) and contract terms 5.10 Standard form 5.11 JCT Joint contracts tribunal 5.12 NEC New engineering contracts 5. liability in tort (and the duty of care) 6.13 Tort 6.14 Liability in tort 6.15 Duty of care 6. contractor’s/employers obligations 7.16 Terms of contract 7.17 Contractors obligations 7.18 Employers obligations 7. time in contracts 8.19 Commencement
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Unit 2 Individual Project William Hurley Legal and Ethical Environments of Business INTRODUCTION Today’s topic is on is on the subject of linking and when is it trespassing. Linking is a common practice where one web page or site links up with another web page or site. I sent an email about eBay Inc v. Bidders Edge Inc to a friend. She wants to design an internet dating site and doesn’t want to be involved in any illegal complications. After reading my email she responded with some questions
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This case involved a citizen’s suit against a large dairy farm called Northfield Farm. The owner of the farm is being sued by NICE - Neighbors Invested in a Clean Environment for public and private nuisance as well as trespassing. Since this was a civil lawsuit the burden of proof was on NICE the plaintiff. As explained in the simulation old fashion dairy farms spread manure with spreaders and then send cows out to pasture, but Northfield Farm uses storage lagoons, and liquid manure to fertilize
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