[COURT OF APPEAL] MILLER AND ANOTHER v. JACKSON AND OTHERS [1975 M. No. 173] 1977 March 31, April 1; 6Lord Denning M.R., Geoffrey Lane and Cumming-Bruce L.JJ. * Injunction - Jurisdiction to grant - Nuisance - Houses built adjoining village cricket ground - Damage to property and potential danger to occupants - Action by householder for damages for negligence and nuisance and injunction against playing cricket - Liability established - Whether equitable remedy of injunction appropriate where
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Knowledge Integration Exam Jeremy Thomas Gugliotta University of Maryland University College This case involving Angela has the ethical decision of what action to do is not that difficult to assess, using the information provided she must act accordingly within the parameters set forth by the law. Angela is a mid-level manager at a transitional pharmaceutical company who happens to be a widowed mother of 3, depending on her 80 thousand dollar salary from work. Angela has been very pleased to work
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Two main ways of accounting for tort liability is the economic efficiency view and the corrective justice view. Explain the reasoning behind each of these views. Economic Efficient View states: * Accidents causing harm set back the common good. * The economic account reasons that by internalizing the costs of accidents to those who cause them, parties will be motivated to prevent accidents that set back the common good. * Is similar to the idea of deterrence in criminal law.
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Introduction: Japan’s tort liability system has been condemned for its shortcomings, including how complex tort cases are treated, such as tort litigation arising from a mass accident or environmental pollution. Although several administrative compensation schemes were adopted in response, they were incapable of addressing cases concerning environmental pollution cases. Instead, the tort liability system has been addressing the limitations of the administrative compensation system despite its defects
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Tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract". With contract violations, the breach has to do with the duties that have been named in the contract. Tort violations however also involve some sort of breach of duty which can be viewed as the causes of action which are not defined in other areas such as contract or fiduciary law,as in the case of “Donoghue v
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Case Analysis: Discharged Contracts Carmelisa King Kaplan University LS311: Business Law Professor Baum September 2nd, 2014 Introduction There is an old saying a person’s word is their bond. In business a person’s word can be used as a contractual agreement. However, this type of contract isn’t always the best way to do business. It is important to have a written contractual agreement that both parties can be held by so there can’t be any possibility of either parties breaching the contract
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Name: Tasnim Hossain Momia ID# 2762363 FINAL EXAM Essay answers: 1) Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the
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1) NZICA has set out strong fundamental principles of the code of ethics regarding what an auditor imbody while carrying out an audit. These include XRB PES 110-150; * Integrity * Objectivity and independence * Professional competence and due care * Confidentiality * Professional behavior If someone’s an auditor from a professional body, he has to follow XRB or his professional bodies’ ethical code. In this case Pearson is part of NZICA and in turn must follow the standards
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and Control of Pollution) Act,1981. But this observation of the courts also has been criticized. The Kerala High Court in P.C. Cherian v. State of Kerala explained the nature and scope of Section 133. In this case two rubber industries, situated in industrial area, were using carbon black for carbon mixing process. The excess carbon black usually disseminated into the atmosphere. There was no necessary equipment to prevent such dissemination of carbon black which caused discomfort, injury and
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2.0 Exceptions Generally, where a buyer agreed to pay more than the subject-matter is worth, the buyer cannot recover substantial damages in respect merely of the non-conformity of the goods delivered to him if those goods are worth no less than they would have been, if he had been in conformity with the contract. Under the common law, damages are generally irrecoverable for the loss of reputation and credibility. However under certain circumstances, damages for loss of reputation may be granted
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