Personal Property Case Study The case study “Parking Lot’s Liability” is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another
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deals the environment in ‘’reactive’’ as opposed to ‘’managerial’’ manner, since it is predominantly concerned with remedying any interference with a landowner’s rights over his or her land. These rights were mainly protected under the common law of torts, which provides for four causes of action on environmental problems. These are nuisance, trespass, negligence and strict liability. NUISANCE Nuisance involves the unreasonable interference with another’s use and enjoyment of land. It is the most
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LAWS20028 BUSINESS LAW TERM 1, 2013 ASSESSMENT Name: ADNAN SAIFUDDIN Student Id#: S0233208 Question 1: a) In the case of Steggles Limited v Yarrabee Chicken Company Pty Ltd,[1] there was significant disagreement over the interpretation of a particular clause that was set out in the contract between the processor, Steggles and the Grower, Yarrabee. Specifically, clause 7.4(a) of the contract which had to do with “extra shed capacity”
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Recognizing and Minimizing Tort and Regulatory Risk There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations. The simulation of Alumina, is very interesting. This fictitious company is accused
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Case Study #1: Accusatory Statements not Defamatory, 11th ed. 1. Explain what a plaintiff must prove in order to establish an action for defamation. A plaintiff must prove that a false statement by the defendant concerning the plaintiff was made, actual or presumed damages, or fault amounting to negligence. 2. How does libel differ from slander? They are both types of defamation, but libel is the written or printed public defamation of a person or entity, and slander is the spoken defamation
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first Restatement adopted the rule of lex loci delicti, or “place of wrong,” as the controlling factor when determining which state’s law applied. It defined the “place of wrong’ as where the “last event necessary to make an actor liable for an alleged tort takes place.” Restatement (First) of Conflict of Laws 377. Note 1 to 377 explains that the place of wrong is where the “harmful force takes effect upon the body.” Read in conjunction with 377’s last-event-necessary rule, Note 1 clarifies that the harmful
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Legislation Acts Interpretation Act 1901 (Cth) | Purposive approach- S 15AA (1) – have regard to objects and purposes that Parliament was seeking to achieve Use of extrinsic material- S 15AB – courts may look at extrinsic material such as Parliamentary debates, reports of law reform commissions etc Rules as to gender and number s 23 In any Act, unless the contrary intention appears: (a) words importing a gender include every other gender; and (b) words in the singular number include
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#4 – According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? According to the case, this was not a case of negligent infliction of emotional distress because the coffee was not actually spilled on the child by Burger King itself and the company did not take part in how the coffee was spilled on the child. The tort that was approved by the court was punitive damages. Punitive damages were approved because it could not be proven
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Business Regulation Simulations Identifying Legal Issues |Legal Issues |Legal Principals | | Negligence-Breach of Duty | Company failed to show leadership and a proper system in place during the spill. | | |Breach of Duty. “A failure to act when there is a duty to act” (Cheeseman, 2010) | |FOIA Inquiry
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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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