Strict Liability & Securities Law Congress defined security laws to include investment contracts, but "investment contract" is not itself defined in law (Condomimiums as Investment Contracts under the Security Laws, 2011). An Eleventh Circuit co Continue Reading...
Liability When a crime is committed, actus reus, police and other criminologists will need to find out who is responsible. According to the criminal justice system, if a person is accused of a crime, the people in positions of authority in that juri Continue Reading...
As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to ot Continue Reading...
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not. As for the trespass tort, it was found that insufficient evidence was available to prove wrong Continue Reading...
For example, drunk and disorderly behavior might be a minor infraction in the real world, but a student who continually disrupts the community can be asked to leave it, given the risk he or she poses to other students. But colleges must guard agains Continue Reading...
Depending on the specific causes and determinations of responsibility, communications initiatives will emphasize the corrective actions and consequences as well as the protocols for ensuring against any possible recurrence (Locker, 2005). If the al Continue Reading...
Product Liability Yamaha Motor Group is a multinational corporation that manufactures motorcycles, all-terrain sport vehicles, watercraft products, as well as other product lines (Yamaha). The Rhino 660 and the Rhino 450 are two of the all-terrain s Continue Reading...
BK Product Liability Product liability is a complicated and expansive sect of law and society. The role of the consumer is very important in the economic processes and political organization of our environment. As a result of this influence, product Continue Reading...
Mitsubishi should also be transparent about any defect error that comes in their product. In this way, they would be able to avoid the gigantic loss, which occurs in case a company's product line fails, or a company faces lawsuits in case of a defe Continue Reading...
Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. Continue Reading...
Product Liability Tort RISK AND RESPONSIBILITY A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss Continue Reading...
Libel Cases Liable is one way of preventing, someone from making false claims about another person. At the heart of these cases, is a focus on having varying degrees of proof. This means that private citizens have lower standards for demonstrating t Continue Reading...
The petit theft of the second degree charge will stand as well. Larceny in old common law was classified as compound or simple. Simple larceny was called grand larceny when the value of the stolen property was more than 12 pence, and petit (petty) l Continue Reading...
companies be held liable? The issue of whether firms should be held responsible for losses sustained for external attacks on their AIS (accounting information systems) has recently come into sharp focus. On one hand, if a firm has put in place suff Continue Reading...
Product Liability Today's society is a consumer-based system where relationships are expressed when people buy products from companies. Product liability when accidents occur has become a focus point for many court cases and rulings. The purpose of Continue Reading...
Tattoo Shoppe Case -- Liability for Wrong Tattoo Questions Presented Is Tattoo Shoppe liable for the wrong tattoo performed by its owner on Lydia's lower back? If yes, how much money is the tattoo parlor liable for and how can such liability be pre Continue Reading...
Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999) Continue Reading...
Legal Issues Case Study Plastics and resins are manufactured in the United States using petroleum products including liquid petroleum gases (LPG), natural gas liquids (NGL), and natural gas since they are fuels in the manufacturing process. Given th Continue Reading...
This can be seen with the consistent accidents and violations that have occurred at different mines that the company owns, the most notable being the Acroma Alma Mine. In this particular case, the company was cited and charged with violating federal Continue Reading...
Civil versus Criminal Liability Introduction Criminal justice practitioners do have a civil liability that puts them at risk of being sued by the public. The purpose of civil liability is to encourage accountability and responsible in the field of cr Continue Reading...
The second case involves a third grader who was seriously injured (became quadriplegic) when he ran into the street after school and was hit by a car. His family argued that they had not been made aware of early release, and sued Pleasantville Publ Continue Reading...
" The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seem Continue Reading...
Accounting Journal Entries A/P A/R Cash Liabilities AP AR Cash Liabilities Cash Cash Liabilities Reserve Theory Alan Moser and Stephanie Philips operate a successful software business in Brisbane. Alan and Stephanie are existing client Continue Reading...
The Common Law Theory of Negligence Negligence is defined as the failure to exercise the appropriate care that is expected to be exercised under the specified circumstances. In law, negligence is the breach of a legal duty to take care that results i Continue Reading...
Non Linear Pro-is a company that sells editing equipment. Recently, the company was involved in a transaction that involved the lease of equipment to Quick Text Video on a trial basis. Before the purchase, the sales representative for NonLinear Pro a Continue Reading...
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable thro 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...
Healthcare Reform "Simkins v. Moses H. Cone Memorial Hospital" The case of Simkins v. Moses H. Cone Memorial Hospital was a case that attempted to end the segregation of African-American and Whites in the U.S. hospitals and medical professions as a Continue Reading...
DiCenzo v. Best Products Company, Inc. (Dicenzo v. A-Best Products Co., Inc., 2008), is actually a compilation of several different personal injury actions filed against approximately 90 different defendants. Such filings are not unusual in the prod Continue Reading...
A related case of Toxic Torts occurred in East Anglia, where chemicals from a factory seeped into a dam (Barcelona Field Studies Centre, 2009). The best risk management method is prevention. While Alumina's current situation is somewhat dire, the c Continue Reading...
National Do-Not-Call Registry and the CAN SPAM Act are both attempts to protect individuals from corporate marketing strategies. The National Do-Not-Call-Registry attempts to limit the ability of corporations to place unsolicited commercial calls to Continue Reading...
JP Morgan Chase Role of administrative agencies The securities and the banking system of a country are known to be one of the strongest and the most important foundations of an economy. To ensure that these systems do not move into negative or loss Continue Reading...
Edwards v. Pepsico Company and Product Safety Issue In the case of Edwards v. Pepsico, 268 Fed. Appx. 756, 2008 U.S. App, Mr. Edwards had three fingers cut off of his dominant hand while working on a bulk bag unloading unit (BBU) at his place of em Continue Reading...
He may have been entitled to those damages if he had filed a breach of warranty claim, which permits damages for emotional stress without an underlying physical injury, but Brad did not file a breach of warranty complaint, but merely a strict liabil 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...
Defenses, Privileges, And Damages Strict Liability Immunities Statute of Limitations Defamation and Invasion of Privacy Defenses, Privileges, and Damages Mass Tort Law Defense The court ruled that the damages claimed from DuPont was primarily 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...
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...
