Explain the concept of fraudulent misrepresentation in business torts.
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- If a party can demonstrate that they took all reasonable precautions and were not negligent in their activities, they cannot be convicted of a strict liability offence. True or FalsePurell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…which of the following is not a tort: Conspiracy, deceit, inducing a breach of contract, injurious falsehood, passing off action
- Describe the major forms of intellectual property and the laws that protect it, as well as current ethical issues in intellectual property law.Courtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…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?
- What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.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).under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?