...entertainment and shopping complex. The company has recently encountered problems in their stores. You as their legal advisor, have been consulted on a range of issues. Draft a report to the board of directors explaining the law in each of the following situations and advise accordingly. Your Report should make reference to legal authority. -------------------------------------------------------------------------------------------------------- Discuss the following: Chuck bought a new heater from City Mall Plc to heat his son’s bedroom. The heater was manufactured by Careless Plc. The heater wiring was defective and the defect caused a fire at chuck’s home, in the course of which, Chuck’s son was injured. Advise City Mall of their potential liability as well as that of Careless Plc. -------------------------------------------------------------------------------------------------------- Kris, a salesman from City Mall, called on Dolly. She invited him into her house to enquire about the latest designer bathroom suite. After several cups of tea Kris showed no signs of leaving the premises and, in order to get rid of him, Dolly signed an agreement for a new bathroom suite for £1500. In addition to this, Tammy, her daughter, who is 21 years of age, returned from City Mall stating that she had signed a credit sell agreement for a new TV and Blu Ray DVD Recorder for her...
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...Chapter 10 Product Liability I. Definition of Product Liability Manufacturers and anyone in the chain of product distribution can be legally liable for defective products that cause injury to the purchaser, a user or bystander, or their property. Most states have adopted strict product liability, whereby an injured person may recover damages without showing that the manufacturer was negligent or otherwise at fault without a contractual relationship. II. Theories of Recovery The primary theories on which a product liability claim can be brought are breach of warranty, negligence, and strict liability. A. Breach of Warranty In a warranty action, the question is whether the quality, characteristics, and safety of the product were consistent with the implied or express representations made by the seller. 1. UCC Warranties may be either express or implied for merchantability or fitness for a particular purchase, as set forth in Chapter 8. 2. Privity of Contract Breach-of-warranty is based on contract law. Generally, an injured person to recover for a breach of warranty, he must be in a contractual relationship (privity) with the seller (a consumer or buyer of the product) and prevents recovery from bystanders not in privity with the seller. B. Negligence To prove negligence in a product liability case, plaintiff must show defendant did not use reasonable care in designing or manufacturing its product or in providing adequate warnings...
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...GLOSSARY – BLW 301 Segment 1 Chapter 2 Courts and Alternative Dispute Resolution jurisdiction | The authority of a court to hear and decide a specific action. | in personam jurisdiction | Court jurisdiction over the “person” involved in a legal action; personal jurisdiction | in rem jurisdiction | Court jurisdiction over a defendant’s property. | exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court | alternative dispute resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction...
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...Engineering, Inc., 828 N.E.2d 1128 (Ill. 2005) we are talking about a products liability case that went all the way to the Illinoi’s Supreme Court. On the way to the supreme court the case was looked at in several different lights of the law like Negligence of a defective design, strict liability, fore seeable harm, failure to warn, repose beyond limitations, and comparative negligence to just name a few. In this case the plaintiff Glen Blue, injured himself while working on a heavy-duty trash compactor, stuck his foot into the compactor to free up the caught box, in turn got caught, pulled into the compactor as the ram took hold of the box. The ram subsequently hit Blue “three times, breaking his pelvis, leg and foot. (Twerski, A. D., 2006). In the Blue case the expert witness stated in court that several safety features that were technologically available at the time the compactor was manufactured that would have averted plaintiff’s injury, and he opined that the compactor was negligently designed which would have made the product safer to use. However strict liability count was dismissed because the case was filed beyond the applicable limitations period and the statute of repose, and returned the verdict of the plaintiff being 32% Negligent. (Twerski, A. D., 2006). Thereafter the jury sided with the defendant due to a special interrogatory that was the risk of injury by sticking a foot over or through a gate into a moving compactor open and obvious, which the jury affirmed...
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...UNIT 05 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS ASPECTSA Table of Contents P1.1 THE ESSENTIAL ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT 2 Offer 3 Acceptance 4 Consideration 4 Capacity- Concept of Minor& Privity 5 Intent to create legal relation 6 P 1.2 DIFFERENT TYPES OF CONTRACT 7 P 1.3 DIFFERENCE BETWEEN CONDITIONS AND WARRANTIES 8 P 2.1ELEMENTS OF CONTRACT APPLIED FOR THE BELOW SCENARIOS 8 P 2.2 TERMS IN DIFFERENT CONTRACTS 9 P 2.3 THE EFFECTS OF DIFFERENT TERMS IN GIVEN CONTRACT 10 P 3.1 CONTRAST LIABILITY IN TORT WITH CONTRACTUAL LIABILITY 11 P 3.2 THE NATURE OF LIABILITY IN NEGLIGENCE 12 P 3.3HOW A BUSINESS CAN BE VICARIOUSLY LIABLE 14 P 4.1 ELEMENTS OF THE TORT OF NEGLIGENCE AND DEFENSES IN DIFFERENT BUSINESS SITUATION 15 P 4.2 ELEMENTS OF VICARIOUS LIABILITY IN GIVEN BUSINESS SITUATIONS 16 Bibliography 17 P1.1 THE ESSENTIAL ELEMENTS REQUIRED FOR THE FORMATION OF A VALID CONTRACT A contract is an agreement which legally binds the parties to it. There are five essentials which must first exist in order to create a valid and legally enforceable simple contract; (i) Offer (ii) Acceptance (iii) Consideration (iv) Capacity (v) Privity (vi) Intent to create legal relation Offer Anoffer is a definite undertaking or promise made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed. Offers can be expressed...
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...Contract Law and Negligence UNIT# 05 Table of Content | | Introduction | 3 | Loc: 01 Understanding Essential Elements Of A Valid Contract In A Business Context Task 11: Essential Elements of Business Contract 2: Three Different Types of Business Contracts and Their Advantages And Disadvantages 3: Terms in Contracts | 4-9 | Loc: 02 Application Of The Elements Of A Contract In Business Situations Task 21: Essential Elements Of Contract Leading In The Given Scenarios 2: Identification Of Valid Contracts And Discussion On The Rights And ObligationsOf The Parties In The Given Scenario 3: Identification And Evaluation Of The Terms Of Contract With ReferenceTo Contract Holder | 10-12 | Loc: 03 Understanding Principles Of Liability In Negligence In Business Context Task 31: Duty Of Care In The Tort Of Negligence. 2: Difference Between Liability In Tort And Contractual Liability. ...
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...INTRODUCTION This report focuses on the identification of the aspects of contract and negligence for business. There are agreements and contract in every business in recent than before. Verbal agreements are usually no longer used by the businesses. Written agreement in the form of contract is ore preferable to all. But, the profitability of contract is incomplete if the regulations and aspects are unknown. Well acknowledgement of contract in business provides a legal documentation securing the expectations of the parties involved. Contracts work as a safety tool of the resources. On the contrary, negligence is rising into the cornerstone of our system for compensating people for accidental damage and injuries. This is because it allows the courts to award damages in tort in some circumstances where it is not possible to do so in contract. This report will help learners to understand in and all about the contract formation and negligence of contract in businesses. LEARNING OBJECTIVES TASK 1 Understand the essential elements of a valid contract in a business context TASK 2 Be able to apply the elements of a contract in business situations TASK 3 Understand principles of liability in negligence in business activities TASK 4 Be able to apply the principles of liability in negligence in business situations. TASK 1 LO 1.1 Importance of the essential elements required for the formation of a valid contract Offer and Acceptance: The existence of an offer and an acceptance...
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...Week Four Make-up. Define, comment upon, and give examples from your eBook Chapter 6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action, an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule, without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra vires- beyond it’s power, one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it unconstitutional- pg 199 public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule standing equal protection violation of 24th Amendment unlawful poll tax violation of the 14th Amendment discrimination First Amendment. 2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On...
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...wrong commented by a person in deliberate or negligent breach of a legal duty, from which liability to make reparation for any consequential loss or injury may arise. It also states that delictual obligations do not arise voluntarily, as is the case with contractual obligations. However, the contract is voluntary. There are three elements noted in General Principles of Delictual Liability: • a loss or injury, such as physical or personal injury, the loss of earnings, nervous shock, distress, damage to a reputation • caused by a legal wrong(wrongful conduct) • Caused by culpa (fault, intentionally or negligently done) on the part of the wrongdoer. Two exceptions argued that: • vicarious liability, where the defender for the actions of another • Strict liability, where liability can arise without fault through statutory provision. If two or more persons have contributed to the delict, then they are jointly & severally liable. The injured party can sue one, or all together---and claim full damages. If he only sues one, then the other can recover a contribution from the others according to what the law thinks just: law reform, act 1940. Business contractual relationship (2005) claims that in certain circumstances, someone can be liable for another’s delictual act. This can arise through agency, partnership and employment. In addition, there is no liability for a failure to take due care unless there was a duty to take care in the first place....
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...Introduction Negligence Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness. For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by. A reasonable man would have foreseen this and taken the necessary precautions. The Board had fallen below the standard of the reasonable man. The Court therefore awarded Mr Haley damages in negligence (Haley v London Electricity Board [1964]). Types of negligence...
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...John Rawls is pregnant with implications for the tort theory. Our law of intentional and accidental physical injury is rich with the rhetoric of reasonableness and fairness, and these ideals lie at the heart of Rawls’s political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction and advice, I am grateful to Ken Abraham, Scott Altman, Charles Fried, Richard Fallon, Louis Kaplow, Scott Michelman, Lewis Sargentich, Arthur Ripstein, and Ben...
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...TITLE: LIABILITY OF THE SCHOOL FOR STUDENT INJURY ARISING OUT OF ACTS OR OMISSIONS OF TEACHERS, INSTRUCTORS, PROFESSORS, AND SCHOOL OFFICIALS: SOME LEGAL BASES PRESENTER: LUZVIMINDA E. REYES SUBJECT: EDUCATION 205- THE LAW AND THE SCHOOL PROFESSORIAL LECTURER: DR. PITSBERG B. DE ROSAS ------------------------------------------------- I. Introduction The relation between teachers and student or employer and his employee or apprentice originates from the old relationship between the master and the artisan or craftsman. In the past, teachers were more authoritarian. However, today, such a concept is no longer true because student now have more automy. The principle of en loco parentis according to which teachers become surrogate parents of the students or pupils in the school. The power of en loco parentis should not be interpreted literally. This is because the authority of parents over children according to the law is only while in the age of minority while the authority of teachers and schools over students has no limit as to age. They are under the supervision of the school. He put himself under the proto active custody and supervisory and custodial power of the school. It is for this reason that the power of the school is made responsible for there can be no responsibility...
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...The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to purchase any more, and instituted . . . suits against the Wentz brothers and Lojeski to enjoin further sale of the contract carrots to others, and to compel specific performance of the...
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...tortum, from Latin, neuter of tortus twisted, from past participle of torquēre First Known Use: 1586 The word "torture" shares the same linguistic origin, though its present meaning diverged in a very different direction. [edit] Categories Torts may be categorized in several ways: one such way is to divide them into Negligence, Intentional Torts, and Quasi-Torts. The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker's negligence and so forth. Product liability cases, such as those involving warranties, may also be considered negligence actions, but there is frequently a significant overlay of additional lawful content. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for entrances by a person (or his structure, such as an overhanging building) on their land. Several intentional torts do not involve land. Examples include false imprisonment, the tort of unlawfully arresting or detaining...
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...ASSESSMENT COVER SHEET DECEMBER SUBMISSION |Unit Number and Title |Unit 5 Aspects of Contract and Negligence – Level 4 | |Assessment Title |Aspects of Contract & Negligence | |Course Title |HND Business | |Assessment Code |HNDBUSMandatoryunit 5/HNDBUSUnit5/Oct2013 | |Hand Out Date |11th October 2103 |Hand In Date |21st December 2013 | |Lecturer(s) |John Owen |Internal Verifier |Jonathan Cartmell | | |Michael Evans | | | | |Anuja Prashar | | | |Sources of information |Course notes. ...
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