Tort Law – Trespass to Land Tort Law - Definition A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Trespass
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Juris(Hons), LLB(Hons), B.Ec(UWA), LLM(Melb) geoff@hancy.net www.hancy.net Introduction 1 My paper covers: 1.1 Amendments to the Fair Work Act 2009 (Cth) to allow the Fair Work Commission (FWC) to deal with bullying claims; 1.2 Recent court decisions on claims for damages for psychiatric illness; 1.3 The nature of a recognisable psychiatric illness. Fair Work Act 2009 (Cth) 2 On 28 June 2013 the Fair Work Act 2009 (Cth) was amended to incorporate, among other changes
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HND BUSINESS MANAGEMENT COURSE: ASPECTS OF CONTRACTS AND NEGLIGENCE FOR BUS [Type text] Page 1 Tables of contents Executive summary-----------------------------------------------------------------Introduction--------------------------------------------------------------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case
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http://0-www.lexisnexis.com.library.ggu.edu/lnacui2api/delivery/Print... 1 of 1 DOCUMENT MATTCO FORGE, INC., Plaintiff and Respondent; MATEO MINGUEZ, Plaintiff and Appellant, v. ARTHUR YOUNG & COMPANY et al., Defendants and Appellants. No. B087488. COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE 52 Cal. App. 4th 820; 60 Cal. Rptr. 2d 780; 1997 Cal. App. LEXIS 89; 97 Cal. Daily Op. Service 948; 97 Daily Journal DAR 1354 February 7, 1997, Decided SUBSEQUENT
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even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Thus
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i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the
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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
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of negligence is usually determined on a cost-benefit or risk-benefit analysis. ANS: T MSC: AACSB Analytic 6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent. ANS: T MSC: AACSB Analytic 7. The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property. ANS: T MSC: AACSB
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Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions
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12 and 13 1. Type of damages: compensatory, punitive etc. Compensatory damages are used to compensate or reimburse a plaintiff for actual losses. The goal is to put him in the same position that he would have been if the tort had not occurred. The compensatory damages are generally broken down into special damages and general damages. Special damages compensate the plaintiff for quantifiable monetary losses (medical expenses, lost wages).General damages compensate individuals (not companies) for
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