...to his bad attitude, criminal record, and selfishness his life is cut short. Floyd is killed by Hedley. Hedley means well, but he is a very unstable person. Throughout the play, Hedley successfully portrayed his character. Through the universal qualities of energy, purpose, and control, Hedley presented an outstanding character. Hedley hopes to become a “big man.” He wants to be a great leader. However, he does not realize that is not possible because of the time period. Racism plays a role in Hedley’s failures, directly and indirectly. Hedley stated, “I am going to buy me a big plantation. The white man not going to tell me what to do.” In this scene, Hedley is very head strong. His stage presence was profound. The audience could feel that Hedley was determined to be a powerful black man. The simple facial expression he gave told the story of his endeavors. In addition, Hedley was an older guy. He was sort of slumped over, but when he wanted to get his point across, his movements were stern and attentive. Even though Hedley lived in his own reality, he was a disciplined actor. He had the ability to recite lines without stumbling and hit every mark. For example, in one scene, he acted as if he was intoxicated. Playing drunk can easily be detected; however, seeing Hedley in that scene was like seeing a drunken homeless man in a dark alley. He was very convincing. Based on Hedley...
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...Cases decided on the basis of common law are likely to follow the precedence of earlier cases with similar facts. This means that whatever judges say becomes law and become binding for the subsequent trials in the lower courts unless the law is later developed or changed through the enactment of a statutory provision. In the case of Hedley Byrne, it had been earlier established at first instance that there was no scope for liability for negligent misstatements on the ground that there was an express disclaimer of responsibility therefore this dismissed any scope of liability. Similarly, at the court of appeal a comparable approach was taken and again McNair J held that the defendants were indeed negligent, however they owed no duty of care towards the appellants. However, it has been established that the English courts develop incrementally hence; the focus here will be on economic loss which was first illustrated in Hedley Byrne, how it has led to similar decisions in subsequent cases and how the law has developed ever since. Prior to the extension of the law regarding negligent misstatements in Hedley Bynre, it was accepted that liability for negligent misstatements could only arise in exceptional circumstances. Hence it was submitted that liability could only arise in instances where one of the following categories were satisfied; there was a fiduciary relationship or where the relationship was contractual or that it must arise from the relationship of proximity. This principle...
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...remains of a decomposed snail, as a result become ill. HELD the manufacture owned a duty of care to the ultimate customer. In order to be successful in the claim of negligence, you must prove the existence of the following three elements : i. Duty of care ii. Breach of duty iii. Damage Duty of care is the first thing that the courts try to prove whether there is an existence of negligence . From the information provided it is clear that the surveyor gave a false statement, which caused you to buy the house. This is (unclear antecedent) called negligent misstatement . This was established in the case of Hedley Byrne & Co v Heller (1964) in which it was stated that duty of care was owed if three elements where established : i. That there was a special relationship between the parties involved ii. The party relying on the statement iii. Thereby suffering loss. Hedley Byrne & Co v Heller (1964) Lord Ried who stated that a special...
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...unhealthy diet and lack of exercise. Obesity has a substantial adverse effect on a child’s welfare. It brings about both immediate and deferred psychosocial and medical health problems that affect several organs in the body. Some of the consumables that cause obesity are out of parents’ control. Products can modestly be advertised as healthy by using phrases such as 'honest food' and 'reduced fat’ while in reality they are far from that. It may be very easy for parents to fall into traps and buy such products hoping that its fat content is high. If the consumables cause obesity to the child, it will not be because of the parent ignorance but because of the unethical nature of corporations, mass media and consumer protection agencies (Hedley, 2004). Businesses should portray a sincere understanding of a healthy diet. Most parents provide healthy foods for their kids especially when they are with them (Abdulrahman, 2011). However, most children spend a greater portion of their childhood away from the parents either with friends or in school. The friends or classmates may eat junk and since most children are not independent to make their own unique decisions and also due to mob psychology, the child might decide to take the fatty foods too. Children are also known for their curiosity. They will always want to try what they cannot do in the presence of the parents. Deviance comes in. they opt to explore new foods that to them are appealing and also accomplish their desires to...
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...Project Brittany Crowe Colorado Technical University MGM336-1502B-01 Management in International Business Professor Asefaw Indrias June 21, 2015 The macro environment in the Communist country of China is represented by a socialist system with Capitalistic characteristics unique to China. Despite having many similarities to an authentic Capitalistic system, China is placated upon a macro environment wherein the Communist party and its policies deeply impact all aspects of the economy and economic development. Different industries are present within the country including the Shareholder System Enterprise, the State Owned and Control Enterprise, and Foreign investment enterprise, which is what our company would attempt to enter into (Hedley, 2015). China has experienced substantial growth as well as rapid economic development over the last two decades, which has witnessed both the GDP and consumer demand grow fast within the country. Despite this substantial growth, the macro environment is unevenly distributed as varying degrees of living standards are present throughout the country with those in major metropolitan cities and those in the countryside experiencing vastly different levels of upward mobility as well as differences existing between eastern coastal areas and central and western areas. Our company’s strategy is to produce the highest amount of productivity with the least amount of expenditures and labor required. This is the strategy in any country, and China is...
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...‘Fair, just and reasonable’. Breach of duty is observed through the standard of care, which is expected by the defendant and damage is seen through causation and remoteness. In order for Susanna’s claim against Figaro, Summy and Angus, she needs to prove there was a duty of care owed to her, which was then breached and therefore caused damage The loss that Susanna has suffered is ‘pure economic loss’. This type of loss is more difficult to recover in court than consequential loss resulting from personal injury or damage to property due to policy considerations against the opening of the floodgates. However, in some circumstances a claimant can recover pure economic loss, which results from a negligent misstatement. The case of Hedley Byrne v Heller [1964] introduced the tort of negligent misstatement into law and set out the circumstances in which it would operate. In that case an advertising agency sought advice from a prospective client’s bank that the client was creditworthy. The bank responded positively. The client was...
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...CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves terms such as: meaning of exclusion clause and legal rules governing the legality of the exclusion clause. CASE STUDY 6: Tort of negligence This case of study involves terms such as: Hedley Byne and Co ltd Heller and Partners ltd (1946), caparo industries v dickman, negligence and special relationship. CASE STUDY 7: vicarious liability This case of study involves terms such as:...
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...(2017, October 27). Addressing Russian Influence: What Can We Learn From U.S. Cold War Counter-Propaganda Efforts? Retrieved March 21, 2018, from https://www.lawfareblog.com/addressing-russian-influence-what-can-we-learn-us- cold-war-counter-propaganda-efforts Gates, R. (n.d.). US Intelligence and the End of the Cold War. Retrieved March 21, 2018, from https://en.wikisource.org/wiki/US_Intelligence_and_the_End_of_the_Cold_War Hedley, J. (2008, June 27). US Intelligence and the End of the Cold War. Retrieved March 21, 2018, from https://www.cia.gov/library/center-for-the-study-of-intelligence/csi- publications/csi-studies/studies/summer00/art02.html History.com Staff. (2010). Cuban Missile Crisis. Retrieved March 21, 2018, from https://www.history.com/topics/cold-war/cuban-missile-crisis NIE 11-5-59. (n.d.). Retrieved March 21, 2018, from http://www.astronautix.com/data/5911nie.pdf Rollins, D. (n.d.). Ex-Soviet Agent Tells of Strengths, Weaknesses of CIA, KGB. Retrieved March 21, 2018, from https://www.cia.gov/library/readingroom/docs/CIA-RDP90- 00552R000605740006-5.pdf Soviets put brutal end to Hungarian revolution. (n.d.). Retrieved March 21, 2018, from https://www...
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...precedents and can decide not to follow the mandatory precedent if he thinks that the mandatory precedent is not related to the case before him. From this, an original precedent is formed. Persuasive precedent is a precedent which is useful or relevant to a case. It is not mandatory for the judges to apply persuasive precedent. Persuasive precedent may be binding on lower courts if judges of superior court choose to apply persuasive precedent. Precedents are the decisions made by judges previously in similar circumstances. It is generally recognized that judges do make law though not in the same manner as the legislature. Judges make law by applying an established rule or principle to a new situation or a set of fact. Illustration: Hedley Byrne v Heller (1964), H were advertising agents who had provided a substantial amount of advertising on credit for E. If E did not pay for the advertising, then H would be responsible for such amounts. H sought assurances from E’s bank that...
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...Case Who is suing whom? What is the cause of action? What is being claimed? Who won? Urzi V. Board of Education for the Borough of North York (Icy Sidewalk Case) Parent suing the school board Fall at the schoolyard led to a injury in the knee; fell in Europe leading to a hip fracture from a weak knee Claiming recovering for damages sustained in her second fall Plaintiff aka the Parent Hedley Byrne & Co Ltd. V. Heller and Partners Ltd. (Bank case) Investor (3rd Party – Adv. Co) suing Bank Advertiser wanted to make sure that Easipower was suitable for investing in so ask Bank if they could determine if they were reliable and trustworthy for an amount of $100,000 per annum Claiming recover of the money loss when Easipower went into Liquidation ($17,000) Plaintiff aka Hedley Byrne the advertising company Dixon V. Deacon (Auditor case) Shareholder suing the auditors Dixon purchased shares off of another individual in the company known as NBS based on parts of the audited financial statements Money loss in investment of NBS Defendant aka Deacon. Case was dismissed Hagerman V. City of Niagara Falls Et Al (Hockey case) Resident suing the City At a hockey game, sitting behind the goalie, a net is up for pucks that fly over the board, during the game a puck flies over the board and over the netting used to catch the pucks. At point in time...
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...* Is there a misrepresentation? * What kind of misrepresentation is it? * What remedies are available? State Misrepresentation occurs when the party makes a false statement. There are 3 types of misrepresentation, fraudulent, Negligent and Innocent. Fraudulent is where the statement has been knowing made falsely, negligent is when the statement was made without reasonable belief and a special relationship was present as said under the misrepresentation act and Hedley Byrne. Innocent misrepresentation is where the party making the statement honestly believes it to be true. For a misrepresentation to have been made it must contain 6 elements: 1. Statement of material fact as in Bisset v Wilkinson where an estimation was given and as was just a mere opinion did not count as a misrepresentation. 2. Cannot be made by a 3rd party as in the case of Peyman. 3. Must not have been made after the contract was formed as in the case of Roscorla v Thomas where the promise was not made before the contract was agreed to. 4. Must have induced the contract unlike in the case of JEB fasteners in which the accounts would not have induced the contract as they were not fundamental. 5. The statement must have been false 6. The statement must not have intended to be legally binding as in couchman v hill in which the cow’s pregnancy did not lead to misrepresentation. However there are other elements that will determine if a misrepresentation was made or not. In...
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...Q1 THE ELEMENTS OF A VALID CONTRACT A contract may be defined as an agreement which legally binds the parties. The contracting parties need to meet a number of requirements that are prescribed by the law of contract. These requirements must be met before the agreement creates rights and duties that may be enforceable at law. These requirements are referred to as the elements of a valid contract and consist of the following: Offer A contract is formed when an offer by one party is accepted by the other party. For example, Y offers to make and sell homemade cakes to X for sell in the local shop, and just before any agreement is reached on price, size or quantities X decides not to continue. At this stage, there is no legally binding contract between Y and X because there is no definite offer for X to accept until the essential terms of the bargain have been decided. An offer is not made for just a specific person. It may be made to a one or more, or to the whole country. Acceptance Acceptance occurs when the party answering the offer agrees to the offer, It can be verbal or in writing. Acceptance must be unequivocal and communicated to the offeror it’s not effective until this has been done. There are two requirements to satisfy for valid acceptance to occur: * The offeree must agree to accept the terms of the offer * This information must be communicated to the offeror. Consideration According to pollock "Consideration is the price for which...
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...Transnational Corporation (TNC)—Definitions A “firm that owns and controls production facilities in two or more countries” “A transnational corporation is any enterprise that undertakes foreign direct investment, owns or controls income gathering assets in more than one country, produces goods or services outside its country of origin, or engages in international production” This chart shows the relative growth of FDI compared to international trade and GDP growth. The sharp downturn in the late 1990s is due, in large part, to the Asian financial crisis of 1997. Lenovo to Acquire IBM Personal Computing Division Creating New Leading PC Business with Global Market Reach - Creates world's third-largest PC business with approximately US$12 billion annual revenue for 2003 - Global business with worldwide reach, powerful brand name, balanced product offerings and leading R&D capabilities - Long-term strategic alliances between Lenovo and IBM in PC sales, service and financing worldwide - Worldwide headquarters in New York; principal operations in Beijing and Raleigh, North Carolina - Transaction of US$1.25 billion in cash, equity; total transaction consideration of approximately US$1.75 billion - IBM to take 18.9 percent equity stake in Lenovo; transaction expected to be completed in second quarter 2005 Lenovo Group Limited, the leading Personal Computer brand in China and across Asia, and IBM today announced a definitive agreement under which Lenovo will acquire IBM's Personal...
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...Hnbs 105 Contract and Negligence Marc Forteau Inder birdi 24/06/2014 Advice to situation A: Joel This is a unilateral contract where Shrubs Only have an obligation the set the conditions, which are that they require cash on delivery, rejected plants to return with the driver, written orders only and will supply through other American plants with offices in London (Burton, 2009). Condensing they have never worked with Joel, the main feature of the contract is that there is a lawful consideration where the conditions are coming from the suppliers. The impact this will have will be the fact that he will build trust with them and in the long run, they could adjust the terms of the contract to allow credit. My advice would be to amend the contract in the presence of the two parties. Advice to situation B: Green Colour The idea that Shrubs only wants to use second grade suppliers without notifying Green Colour shows and example of implied terms which Shrubs only fails to mention to Green Colour, but will include it in the execution of the contract. For this, since Don preferred quality flowers, it will result to the rectification of the contract to erase this clause so as to ensure the company is able to supply quality at all the time. However, there could be the application of Parol evidence where Shrub Only can explain this phase and provide a reason for why they want to change the quality supply. Advice to situation C: Joel ...
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...MCD 2070 – Business Law, Trimester 1 - 2012 Assignment 1 Page 1 of 6 Introduction: In this case, David has been identified as the “Plaintiff” while Robert Boyd Pty. Ltd. has been identified as the “Defendant” [Vicarious Liability]. The issue in this case is whether what rights, if any, does David have against Robert Boyd Pty. Ltd. under the tort of negligent misstatement in relation to Andrew’s assurance relating to the seating capacity of the restaurant. STEP 1: Issue: Does the defendant, Robert Boyd Pty. Ltd., owe the plaintiff, David, a duty of care? Rule: (Shaddock) proves that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. Application: Hence, in this case, David is a neighbour in the legal sense to the defendant, Robert Boyd Pty. Ltd. as they were paid A$ 25,000 under a contract for their services to design the interior and exterior, including the layout and position of tables and chairs of David’s restaurant. Thereby a closely proximate relationship was formed, where David is closely and directly affected by...
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