| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own
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adjudicatory jurisdiction over Rettick’s tort claim a gainst P etitioners because neither Floyd Industries, LLC, nor Sandra Floyd are members of the Taraconic Tribe, because the fact that the clai m arose on tribal land is non-dispositive for jurisdiction, and because Rettick’s claim did not meet any of the ex ceptions for the general rule of limited exercise of inherent tribal power. Rettick’s claim did not meet the exceptions because his claim presents a simple torts claim that neither threatens the
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Tutorial 4 Question 1 Debbie entered into a written contract to buy a second-hand Proton from Esther. The contract did not state the year of the car but Esther described it to Debbie as a 1997 model. In fact it was a 1995 Proton and was worth RM500 less than the price Debbie paid for it. What remedies are open to Debbie? Question 2 Cosmetics Sdn Bhd hired Karen to sell their products in Mont Kiara, a well to do residential area. Among others, some of the clauses in the contract read as
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Workers compensation was implemented shortly after the turn of the century due to the increasing injuries that were occurring while people were at work. The primary goal of workers compensation is to have the employee back to work as soon as possible. Unfortunately there are employees who do not want to return to work and unethically fake, prolong and exaggerate injuries. Fraudulent workers compensations claims pose a huge problem for employers and in turn the employees. Not every employee is ethical
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Question #2 According to the Court the Duty of Care that a hotel owes a guest are as follows: “The law imposed upon innkeepers’ at least ordinary or reasonable care to protect their guests against injury by third persons, and some cases call for the exercise of a higher degree of care.” Allegedly the hotel was negligent in the following areas 1.) Permitting Criminals, sex deviates, and vagrants to wander discriminately about the hotel 2.) Failure
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Elmore’s car was forced into the other lane and struck a moving vehicle. 12. Mrs. Elmore suffered head injuries. COUNT ONE-NEGLIGENCE Plaintiff realleges and reaffirms paragraphs 1-12 and further alleges: 13. Defendant committed the tort of negligence as follows: 14. Defendant sold and serviced the vehicle that caused this accident. Defendant failed to ensure proper safety. This conduct did not live up to the level of care society expects from people, and harm to the
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Esanda Finance Corporation Ltd v Peat Marwick Hungergords – indirect recipient of info • Facts: financier (Esanda) lent money to Excel in reliance on E’s audited accounts (Peat Marwick) and reports - could not recover money. Sued E’s auditors for alleged negligence. • Issue: whether auditors owe a duty of care to persons other than their clients who have relied on their unqualified reports in entering various financial transactions. • Held: Esanda appealing – appeal dismissed auditors do not
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published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel (Merriam-Webster). Sometimes, journalists and others try to be acute with words, implying things, thinking they are guarded because they can prove the plain truth of the words. They are wrong in believing
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Are Damages or Punitive Damages Taxable?Posted on August 15, 2011 in Articles The quick answer is damages or awards received for physical injuries or sickness are generally not taxable. However, punitive damages or awards are generally taxable if they are paid to compensate a taxpayer for non-personal injuries. Internal Revenue Code (IRC) Section 104 is the area of law that defines the taxable treatment of compensation for injuries or sickness. In general if a taxpayer received an award or damages
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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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