Outcomes Outcome | Evidence for the criteria | Feedback | Assessor’s decision | Internal Verification | | | | | First attempt | Re-work | | Understand principles of liability in negligence in business activitiesLO3 | Contrast liability in tort with contractual liability | | 3.1 | | | | | Explain the nature of liability
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This essay will examine how ERM strategies can be used to mediate the effects of tort risks and violations. Potential Tort Risk The type of tort risk that was addressed in the simulation was injury to plaintiff, personal injury. Actual cause: Ms. Bates was claiming that if the Alumina Inc. situation had not occurred five years ago, then her daughter would not have leukemia. Special negligence doctrine: a tort that permits a person to recover for emotional distress caused by the defendant’s
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Torts and Warranties James.Oliver78 AIU Online Abstract This is an essay about a story of the four wrongs, and the invasion of privacy. It is about a Harvard Law Review article and what the newspapers in 1890 had to do with it. The differences and similarities of the four wrongs which make-up the invasion of privacy principle, and then on towards the world of warranties and what they mean. How warranties affect our lives in today’s society and a brief description of what the buying
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Case Study on tort of Defamation (Relevant to AAT Examination Paper 6: Fundamentals of Business Law) Alfred Chan, Solicitor There has been an increase in the number of defamation cases which have gone to court. In the two scenarios cases that follow, both of which are taken from recent court cases, we can see examples of legal issues in defamation and how one can approach them. Hopefully this will improve your technique in answering problem-solving type questions. First to refresh your memory, in
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Traditional Approaches to Horizontal Choice of Law (introduction/Class 1 = Keeton v Hustler) Keeton v Hustler Discusses procedural v substantive inquiry Mentions 5 CoL considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach I. What are we looking for in a CoL system? Examples a. Predictability [for litigants] b. Uniformity c. Ease of application d. Respect for state sovereignty (vested rights largely looks to this) e
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Employment At-Will Doctrine The legal doctrine called at-will clearly states that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. It also means that an employer can change the terms of the employment relationship with no notice and no consequences. “For example, an employer can alter wages, terminate benefits, or reduce paid time off. In its unadulterated form, the U.S. at-will rule leaves employees vulnerable
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conveys an unjustly unfavorable impression b (1) : a statement or representation 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
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Intro to law Chapter 1 Business law is divided into: - Tort law – injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From
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the show and callers were allowed to comment on her. The plaintiff tried to sue the radio station for intentional infliction of emotional distress and defamation of character. 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) The court decided that this was not defamation because it was the broadcaster opinion. The court approved filing for intentional infliction of emotional distress. 5. In the decision, why does
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business context 2 The impact of different types of contract 3 Terms in contracts 4 Elements of contract in given business scenarios 4 Law on terms in different contracts 5 Effect of different terms in given contracts 6 Liability in tort vs. contractual liability 6 Nature of liability in negligence 7 Vicarious liability 7 Elements of the tort of negligence and defences in different business situations 7 Elements of vicarious liability in given business situations 8 References:
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