Describe the tort arises out of breach of statutory duty.
Q: The Perry v S.N. Case is a modern treatment of statute as a source of duty in tort
A: Background: The Perry case arose when a group of parents sued a daycare owner and staff members for…
Q: Bimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from…
A: An employee cannot offer the trade secrets of the company to its competitor under the inevitable…
Q: In a legal brief on negligence the following statement was made: "Where negligence can be…
A: Negligence is a fundamental concept in tort law, and it plays a crucial role in determining…
Q: The. elements of an intentional tort are: Harm to another person or property and intent O Harm to…
A: The term tort is used to represent any kind of civil wrong that can result in some kind of harm or…
Q: A chemical processing company stored toxic waste on its premises. A severe storm caused damaged to…
A: From an ethical perspective, it is important that business enterprises follow safety norms while…
Q: (1) the $120,000 for tree removal and soil preparation was incurred incommencing a new business;…
A: (1) The $120,000 incurred for tree removal and soil preparation can be considered as an expense…
Q: The distinguishing element between intentional torts and negligent torts is: a. intent. b.…
A: Option (a) is correct.
Q: William E. Story agreed to pay his nephew, William E. Story II, a large sum of money (for purposes…
A: Contract law refers to the branch of law that deals with the agreements and promises made between…
Q: Miguel, a 16-year old mechanic’s apprentice, borrowed $3,000 from his next door neighbour, Jono, by…
A: Miguel, a 16 year old child borrowed $3000 dollars from his next door neighbour Jono, bytelling his…
Q: Syncrude ordered 30 gearboxes from Hunter, a manufacturer, to drive its conveyor belts in the…
A: The question is asking about the liability of Hunter, the manufacturer of the gearboxes, for the…
Q: ection 15 of the Driving Act 2019 (Qld) states that 'Persons shall not engage in dangerous driving…
A: Motor vehicle amendment act introduced in July 15 of 2019. This act grant permission of license,…
Q: Under the Act, the duty of an employer ‘take every precaution reasonable in the circumstances for…
A: Note: Since you have asked multiple questions, we will answer the first question for you. If you…
Q: Compare torts and crimes and describe the purpose of criminal and tort law.
A: “Since you have asked multiple questions, we will solve the first question for you. If you want any…
Q: . How do courts differentiate between an employee and an independent contractor?
A: 1. Command and control of the work: The majority of the time, employees have less autonomy and are…
Q: How can a person avoid a contract entered into under intoxication? Provide relevant case laws on the…
A: "The solution has been provided in a generalized manner."Intoxication can have significant…
Q: If one party to a contract uses any form of unfair coercion to induce another party to enter into or…
A: True.
Q: Please explain when and how criminal liability is imposed.
A: Crime is an illegal act that will harm the individual or society as a whole and can be punished by…
Q: A crime is a wrong that arises from a violation of a public duty, whereas a tort :
A: We can define crime as a wrong doing which affects the social order of our society we live in, crime…
Q: Allan carelessly drops a log in the road, and he does not bother to remove it. After dark, Ben’s…
A: Tort law is a branch of civil law that addresses civil wrongs committed by individuals or entities,…
Q: Explain What are the key elements required to establish a claim in tort law?
A: In the area of law, torts, which include a variety of unlawful conduct and the ensuing legal claims…
Q: If a party can demonstrate that they took all reasonable precautions and were not negligent in their…
A: Strict liability offenses are a distinct category of offenses in which liability is imposed…
Q: In employment establishments, an employee may be different from an independent contractor. By…
A: In any employment establishments, an employee might be different from an independent contractor,…
Q: Columbia University brought suit against Jacobsen on two notes signed by him and his parents. The…
A: Intentionally concealing a fact even though the person has knowledge or belief of it, or deceiving…
Q: Courtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in…
A: The court should consider whether it has personal jurisdiction over Ozzipic, Inc. Personal…
Describe the tort arises out of breach of statutory duty.
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- Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?Explain the term ‘strict liability tort’, providing an illustrative example. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
- Explain the elements of the offence of murder. In what court would a murder trial be held, and explain the balance and burden of proof in such cases. In what circumstances can self-defence be relied on?In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.Joseph Burger was the owner of a junkyard in Brooklyn, New York. His business consisted, in part, of dismantling automobiles and selling their parts. The state of New York enacted a statute that requires automobile junkyards to keep certain records. The statute authorizes warrantless searches of vehicle dismantlers and automobile junkyards without prior notice. One day, five plain-clothes officers of the Auto Crimes Division of the New York City Police Department entered Burger’s junkyard to conduct a surprise inspection. Burger did not have either a license to conduct the business or records of the automobiles and vehicle parts on his premises, as required by state law. After conducting an inspection of the premises, the officers determined that Burger was in possession of stolen vehicles and parts. He was arrested and charged with criminal possession of stolen property. Burger moved to suppress the evidence. Did Burger act ethically in trying to suppress the evidence? Does the…
- Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsDefine Negligence.Differentiate obligations arising from delict from obligations arising from quasi – delict.
- Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVE