"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provi Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, wi Continue Reading...
Jurisdiction and Applicable Law The first issue that Barcelo faces concerns which nation's law governs the contractual rights and duties between himself and George. Because this was an international voyage between England and Spain, and because the Continue Reading...
Nadel et al. v. Burger King Corp. & Emil, Inc. Legal Brief What court decided the case in the assignment? Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discret Continue Reading...
False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or bus Continue Reading...
According to the court's judgment in favor of the plaintiff, no further evidence as to the source of the muscle atrophy in his shoulder and arm, because "the thing itself speaks" when all three components of res ipsa loquitur are satisfied, as they Continue Reading...
MANAGERIAL PERSPECTIVE In the case of the man being shot in the parking lot, it is likely that the crime could have been prevented by a number of means. Even though it would likely require an expansion of staff, porters could have been provided to Continue Reading...
" Thus this principle is founded on an individual's ability to predict a given action's consequences. On predicting such consequences, an individual is supposed to choose the course of action which would in the end benefit the greatest number of peop Continue Reading...
.. pronounce it invalid," which is not the case in the investment contract signed by Wolf. The contract was standard, and gave authority to the broker to invest and manage the original sum of money. Although it could be argued that, given Wolf's expr Continue Reading...
CONCLUSION The topic of ex-offenders becoming productive members of society presents a circle of issues. The ex-offender is expected to obtain and maintain employment to show evidence of being productive, while employers are allowed to refuse to h Continue Reading...
torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to Continue Reading...
Johnson Bank v. George Korbaken Company Johnson Bank v. George Korbakes Company Over the last several years, the role of the auditor has been continually evolving. This is because financial institutions are relying on the information they are provi Continue Reading...
Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence? Negligence "A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar cir Continue Reading...
Justice and lawful coexistence is not always easy to understand or comprehend. Abstract laws only gain meaning when applied through real life experience. The purpose of this paper is to examine a specific incident in which a large business is being Continue Reading...
Negligence Tort Case Review In 1981 Dula McCarty, while staying at the Pheasant Run Lodge, was attacked in her room. The intruder had gained access to her room through a sliding glass door that was lock but had a small safety chain attached. While M Continue Reading...
Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls Continue Reading...
More than anything else, this case exemplifies a keen sense of legal risk management. The company made enormous profits from the drug while it was selling it; it was highly effective for its on-label purpose and had no known dangerous side effects. Continue Reading...
Strategic Staffing Plan to Human Resources Today there is a high need for recruitment of staff for nuclear power plants. It is not that new plants are being built, and there are now laws against building new nuclear power plants, but, the nuclear el Continue Reading...
sorts of legal protections should BUG have. Bug automatically has protection of its trade secrets, which involve confidential issues such as product plans and new designs, any sort of business proceedings, and products under development prior to pa Continue Reading...
English Law Negligence in Hospital Care? The Case of Jenny Wants a Penny Duty of care is defined in different ways depending on the specific circumstances involved in any one case, according to precedents set in various tort cases. In one of the m Continue Reading...
Certainly, utilizing those agencies now that there has been a crime at the premises is warranted. However, it may not have been negligent for DWI to fail to contact law enforcement when it first began receiving threats. Large corporations such as DW Continue Reading...
While it may not be just to hold an organization liable, absolutely, for every instance of employee negligence, there is a rationale for imposing such liability in many cases. For example, many types of industries entail potential danger to others t Continue Reading...
State v. Stark (1992) Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary pro Continue Reading...
Clearly she has not been a good steward of her classes because the principal twice visited her class and both times she was working individually with a student while other students were misbehaving or otherwise not being productive. The Trenton dis Continue Reading...
Governance and Ethics Corporate Governance & Ethics Dr. DoRight is the highly respected executive at Universal Human Care Hospital. He and Universal both stand to lose a great deal if it leaks out that patients have been dying due to lack of in Continue Reading...
The questions on legal liability issues were minimal as the field of legal issues is new in nursing. The questions addressed a theoretical part regarding the legal liability issues. They were no need of clarification since the questionnaires were ea Continue Reading...
Unlucky and Edison- Lennie Edison, employed by Vulcan Systems, is on call 24/7 as a trouble shooter. Because of this, he drives a company vehicle, to and from work, and occasionally stops for errands after work on his way home. Edison is involved in Continue Reading...
Ace, too, bears some liability. Although they told Perfect Products plc, ostensibly in good faith, that their situation was hopeless and liquidation was the only answer, when Perfect Products decided to ignore their advice and attempt to avoid volu Continue Reading...
Junior Appellant The term (c) "The University accepts no liability in negligence for property damage suffered by students on University premises" is reasonable under UCTA 11(1)[footnoteRef:1] because it was a term to hold all parties accountable in Continue Reading...
Rocking the Boat An agent is a person acting on behalf of the interests of another person or organization. "A person authorized to act for and under the direction of another person when dealing with third parties….An agent can enter into bindi Continue Reading...
Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with Continue Reading...
Business Ethics Focus on Merrill Lynch According to Laura Hartman and her co-writer, Joe Desjardins in the work entitled "Business Ethics: Decision Making for Personal Integrity & Social Responsibility" philosophical ethics may be clearly differ Continue Reading...
In addition to reckless and intentional action that results in injury, amateur coaching decisions, recommendations, and strategies can lead to injuries and can be considered elements of avoidable risk, constituting a breach of duty based on the expe Continue Reading...
Employee benefit packages (especially healthcare and other areas of governmentally-mandated benefits) and pension plans must be carefully and conscientiously maintained, with the primary -- even the sole -- purpose of providing Riordan Manufacturing Continue Reading...
Workplace Violence Violence in the workplace is an everyday event that affects employees throughout the nation. It must be addressed, clearly defined, and possible solutions presented that will eventually identify the potential aggressor and victim. Continue Reading...
Question 3: Will Kyle win his lawsuit against Authorit-I for his injuries? It is not clear that vicarious liability applies in the case of Kyle's injuries. Cartman was certainly not an employee of Authorit-I at the time, and was no doubt aware of Continue Reading...
While an individual can sue or make a claim that his or her benefits were illegally denied, the "decision of the plan administrator may often be reversed only if it was found to have been arbitrary and capricious, a very difficult standard to meet. Continue Reading...
Regardless of the actual operation being run at a time or the other, Riordan Manufacturing respects the regulations instated for all types of activities. We respect the right of our staff members; we respect the rights of the communities in which w Continue Reading...
