chapter15lawinamerica
... • Filing a complaint-legal document filed with the court that has jurisdiction over the problem. It tells the defendant what is at issue. The defendant receives a summons, an official notice of the lawsuit that includes the date, the time, and place of the initial court appearance. The defense attor ...
... • Filing a complaint-legal document filed with the court that has jurisdiction over the problem. It tells the defendant what is at issue. The defendant receives a summons, an official notice of the lawsuit that includes the date, the time, and place of the initial court appearance. The defense attor ...
Legal Environment Affecting Audits
... Only those in close proximity will be granted standing for negligence ...
... Only those in close proximity will be granted standing for negligence ...
Torts Outline - UChicago BLSA
... iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. Scope of consent iv. Info-eliciting: impose liability on who can get info ...
... iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. Scope of consent iv. Info-eliciting: impose liability on who can get info ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... - Definition: intentional unauthorized entry onto the land of another - Negligent entry such as being pushed onto or falling onto land is NOT an intentional trespass to land - However, even if not intentionally entering land, if volition to enter exists, still trespass - Trespass extends immediately ...
... - Definition: intentional unauthorized entry onto the land of another - Negligent entry such as being pushed onto or falling onto land is NOT an intentional trespass to land - However, even if not intentionally entering land, if volition to enter exists, still trespass - Trespass extends immediately ...
Products Liability
... Current Rule: any seller of a product in a defective condition is strictly liable in tort for personal injury or property damage if product is sold in a defective ...
... Current Rule: any seller of a product in a defective condition is strictly liable in tort for personal injury or property damage if product is sold in a defective ...
Torts Outline - Blogs @ Widener Law
... 1. The event would not normally occur without negligence. 2. The instrumentality or agent causing accident is under D’s control. a. Exclusive control not required. b. D must have right or power of control, and the opportunity to exercise it (Giles). c. D’s control must be enough to show that D was m ...
... 1. The event would not normally occur without negligence. 2. The instrumentality or agent causing accident is under D’s control. a. Exclusive control not required. b. D must have right or power of control, and the opportunity to exercise it (Giles). c. D’s control must be enough to show that D was m ...
What is tort? - WRCBusinessManagementWiki2010
... defendant should have regarded as being at risk though the precise loss/injury/damage actually suffered by the plaintiff may not have been foreseeable• all that is required that it was reasonably foreseeable that the class of people, of whom the plaintiff was one, could have suffered some loss/injur ...
... defendant should have regarded as being at risk though the precise loss/injury/damage actually suffered by the plaintiff may not have been foreseeable• all that is required that it was reasonably foreseeable that the class of people, of whom the plaintiff was one, could have suffered some loss/injur ...
Anns/Cooper Test
... Does A breach his duty to to B? Law: A reasonable person does not create or proceed in the face of “unreasonable” risk. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable, and prudent person in the same circumstances (Vaughn). The measur ...
... Does A breach his duty to to B? Law: A reasonable person does not create or proceed in the face of “unreasonable” risk. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable, and prudent person in the same circumstances (Vaughn). The measur ...
4-1 Feedback_BA-14
... cancel and has to perform his part. May sue for consequential damages (direct result of the breach). ...
... cancel and has to perform his part. May sue for consequential damages (direct result of the breach). ...
SZHC_2007_66
... [7] The Defendant further contends that a compromise is a substantive contract which exists independent of the cause which gave rise to the compromise. That the alleged compromise (whose existence is denied) cannot exist independently of the cause in casu since the liability arises from a contract o ...
... [7] The Defendant further contends that a compromise is a substantive contract which exists independent of the cause which gave rise to the compromise. That the alleged compromise (whose existence is denied) cannot exist independently of the cause in casu since the liability arises from a contract o ...
Manaster Torts Outline
... b. Alternative approach: 4 accidents caused by 4 separate Ds, each D liable for ¼ of damages c. Policy: “fairness” is key 3. “Single indivisible injury rule”: Indivisible injury, though caused by successive incidents. P can assert claim against all the wrongdoers w/o burden of proof of showing exten ...
... b. Alternative approach: 4 accidents caused by 4 separate Ds, each D liable for ¼ of damages c. Policy: “fairness” is key 3. “Single indivisible injury rule”: Indivisible injury, though caused by successive incidents. P can assert claim against all the wrongdoers w/o burden of proof of showing exten ...
9.401 Auditing
... work done by auditor, less responsibility Audit: “f/s present fairly…” Review: “nothing has come to our attention” Compilation: “we do not express an opinion..” ...
... work done by auditor, less responsibility Audit: “f/s present fairly…” Review: “nothing has come to our attention” Compilation: “we do not express an opinion..” ...
Document
... precise, not common law. The common law (that is a term of art, by the way) is judge-made law, based on what judges have written going back to jolly old England and the Magna Carta. DJs did exist long before the enactment of 28 USC 2201 in 1934, but only in courts of equity, which were not courts of ...
... precise, not common law. The common law (that is a term of art, by the way) is judge-made law, based on what judges have written going back to jolly old England and the Magna Carta. DJs did exist long before the enactment of 28 USC 2201 in 1934, but only in courts of equity, which were not courts of ...
Chapter 4 Auditing
... Common Law – Liability to Third Parties • Liability to Primary Beneficiaries • Liability to Other Beneficiaries – Foreseen Class – Foreseeable Parties ...
... Common Law – Liability to Third Parties • Liability to Primary Beneficiaries • Liability to Other Beneficiaries – Foreseen Class – Foreseeable Parties ...
the tort of
... poisoning and would have died no matter what the negligent doctor could have done. The loss itself must not be ‘too remote’. It is an important principle that people should only be liable for losses which they should have reasonably foreseen as a potential outcome of their actions. The Wagon Mound ( ...
... poisoning and would have died no matter what the negligent doctor could have done. The loss itself must not be ‘too remote’. It is an important principle that people should only be liable for losses which they should have reasonably foreseen as a potential outcome of their actions. The Wagon Mound ( ...
DISCLAIMERS AND WAIVERS OF LIABILITY : A SUMMARY
... liability to compensate the victim if the victim suffers loss or injury in consequence of a breach of that duty of care. In many western European jurisdictions the law is codified but adopts substantially similar principles as do many other jurisdictions. ...
... liability to compensate the victim if the victim suffers loss or injury in consequence of a breach of that duty of care. In many western European jurisdictions the law is codified but adopts substantially similar principles as do many other jurisdictions. ...
- UVic LSS
... However, if it is not the same, check whether proximity is still there. If it is NOT analogous, go to the new duty test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer ...
... However, if it is not the same, check whether proximity is still there. If it is NOT analogous, go to the new duty test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer ...
here
... f. Sudden Incapacitation – courts have ruled where there is negligence due to incapacitation that is not foreseeable there should be no liability. g. Expertise - If actor has more qualities he is required to exercise superior qualities that he has in a manner reasonable under the circumstances. h. C ...
... f. Sudden Incapacitation – courts have ruled where there is negligence due to incapacitation that is not foreseeable there should be no liability. g. Expertise - If actor has more qualities he is required to exercise superior qualities that he has in a manner reasonable under the circumstances. h. C ...
Sermon Notes
... “The legal situation in Corinth probably was much as it was in Athens, where litigation was a part of everyday life. It had become a form of challenge and even entertainment. One ancient writer claimed that, in a manner of speaking, every Athenian was a lawyer. When a problem arose between two parti ...
... “The legal situation in Corinth probably was much as it was in Athens, where litigation was a part of everyday life. It had become a form of challenge and even entertainment. One ancient writer claimed that, in a manner of speaking, every Athenian was a lawyer. When a problem arose between two parti ...
Document
... consciously(有意識地) takes the risk (風險) • a state of mind in which a person does not care about the consequences of his or her actions ...
... consciously(有意識地) takes the risk (風險) • a state of mind in which a person does not care about the consequences of his or her actions ...