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The Law of Tort and Business Contracts - 3325 Words

Law of Tort and Business Contracts Introduction According to law, tort occurs when a person fails to observe duty imposed on one by law, to ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets. Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident, the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care. From the given scenario, the owner is liableShow MoreRelatedCommon Law Torts: Elements and Defenses Essay1579 Words   |  7 Pagescome into play. This catapults the proliferation of tort laws. Tort laws incorporate laws that govern private civil wrongs. For this reason, torts law serves as a remedy to a person who is wronged or harmed. This research paper accentuates the importance of common law torts in a dynamic economic environment as mitigation measures to curb escalating business challenges. Common Law Torts: Elements and defenses Since the time immemorial, various laws continue to be put in place to safeguard moralityRead MoreTorts and Contract Liabilities and Ways to Avoid Them1419 Words   |  6 PagesRunning Head: TORTS AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liabilityRead MoreTort Liability and Contract Liability.1484 Words   |  6 PagesTort Liability and Contract Liability A tort is a legal term for a wrong. The tort law is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them, whether its a drunk driver, a corporation that manufactures a defective product, a credit card company that overcharges you, or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a schoolsRead MoreAspect of Contract and Negligence of Business 1095 Words   |  4 Pages Unit: 5 Aspect of Contract and Negligence of Business Assignment Cover Sheet Assignment No: 1 I hereby confirm that this assignment is my own work. I have identified and acknowledged all sources used in this assignment and have referenced according to the Harvard referencing system. I have read and understood the Plagiarism and Collusion section provided with the assignment brief and understood the consequences of plagiarising. Table content: Read MoreIRAC Brief1018 Words   |  5 Pagesï » ¿ IRAC Brief Law/531 Facts of the Case According to  United States District Court District of Massachusetts  Civil Action 11-10313-GAO  (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts,  2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore bothRead MoreContractual and Non Contractual Liability1278 Words   |  6 PagesLiability I. Contract A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchange consideration to create mutuality of obligation. Contracts may be bilateral or unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promiseRead MoreTortious Liability955 Words   |  4 PagesTOPIC: WHAT IS TORT, AND TORTIOUS LIABILITY ? From a legal standpoint, a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example, when a person violates his/her duty to others created under general (or statutory) law, a tort has been committed. Tort law relies heavily on the common law, the legal opinions of the Courts, general trends in the community, and legal scholarshipRead MoreThe Law Of Obligation Is A Private Law1672 Words   |  7 PagesThroughout history, the law of obligation has held such prodigious value in the face of private law. Being the heart of both Contract and Tort law, it is a pervasive phenomenon of our social life. Both Tort and Contract law protect the rights, and ‘that protection cannot be legitimately compromised to achieve the aim of just distributing’ . This proposition may be true in the late 19th century, in the present time, however, the law of obligation has be en ‘built on the law of its predecessors, manipulatingRead MoreCase Study : Albert And Baker1152 Words   |  5 Pages1. Albert and Baker have considered the merits of forming the company as a general partnership, thus a co-ownership of a business for profit. Under the Uniform Partnership Act, hence a model act that codifies partnership law, Albert and Baker’s respective rights to any profits of the company would be an equal share. According to Cheeseman, â€Å"Partnership agreements often provide that profits and losses are to be allocated in proportion to the partners’ capital contributions. The right to share inRead MoreBUGusa Inc. Worksheet1168 Words   |  5 Pagesï » ¿ October 21, 2013 LAW/421 University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME has committed Defamation in the form of trade libel against BUGusa, Inc. by taking out a print ad in an industry magazine (University of Phoenix, 2013). According to

Change, Transition, And Loss Film Review - 2687 Words

Running head: CHANGE, TRANSITION, AND LOSS FILM REVIEW Aspects of Change, Transition, and Loss Film Review: A Critical Analysis of â€Å"The Notebook† (2004) Alicia Baker 250-642-879 King’s University College Dr. Harris October 29th, 2014 CHANGE, TRANSITION, AND LOSS FILM REVIEW 2 Summary â€Å"The Notebook† (2004), is a deeply powerful and moving film about the undying love between a man and woman through the telling of their story of love and loss. Duke, a resident in a nursing home reads to a fellow resident, an old woman with Alzheimer’s, the love story of Allie Hamilton and Noah Calhoun. Viewers later learn that the woman with Alzheimer’s is Allie and that Duke is Noah. Prior to the advancement of her illness, Allie had written their love story in a notebook and told Noah to read it to her so that she would â€Å"keep coming back to him†. Through the sharing of their personal experiences of love and grief along with the experiences of other characters, viewers are able to critically reflect on their own life experiences of love and loss and the different ways in which these experiences have allowed change, growth, and transition in one’s life. Losses/Types of Losses Presented One of the major types of losses presented in the film, â€Å"The Notebook† (2004) is that of ambiguous loss. According to Harris (2011), â€Å"ambiguous loss occurs in the circumstance of relationships and the absence or presence of an aspect of thatShow MoreRelatedThe Annual Report For The Ica There Were Large Operational Changes Essay1366 Words   |  6 PagesOperational Between the 2010 annual report and the 2013 annual report for the ICA there were large operational changes. The biggest of these changes was the staffing numbers, in 2010 the ICA employed 108 staff members however by 2013 this number has dropped to 57. We can see that this was a relatively steady decline as in 2012 the staff numbers were 70 (ICA, 2013 pg. 31). This decrease in staff has a huge impact on the resources expended throughout the year, in 2010 the total staff cost was  £2Read MoreChallenges, Success, and the Future of Conservation at the SCB 2009 Annual Meeting in Beijing816 Words   |  4 Pagesthe best scientific practices. Another recurring topic was climate change, with presentations that dealt with global implications and specific concerns for China, which is both the largest developing country in the world and the sixth most biologically diverse region on the planet. Renowned scientists Dr. George Schaller and Dr. Joel Berger were on hand to receive SCB awards. Schaller, who was recently the subject of the film â€Å"Natures Greatest Defender,† shown on the National Geographic channelRead Moreâ€Å"Cinema Paradiso†2029 Words   |  9 Pagesâ€Å"Cinema Paradiso† The film starts by showing a middle-aged man, Salvatore, surrounded by societys symbols of success: bright city lights, a Mercedes Benz, a luxurious mansion, and a beautiful woman in the background. These symbols gave the impression that life was good. â€Å"Cinema Paradiso† is a reminiscence film about a famous film director, Salvatore Di Vita (Marco Leonardi), who returns home to a Sicilian village for the first time after almost 30 years. He reminiscesRead MoreEssay on A Rhetorical Analysis of the Killing Joke1893 Words   |  8 Pagesstability.   According to Scott McCloud, a moment to moment transition is â€Å"a single action portrayed in a series of moments †¦ useful for slowing the action down, increasing suspense, catching small changes and creating movie-like motion on the page† (McCloud). A series of moment to moment transitions take place in this particular scene as The Joker shoots Gordon’s daughter, Barbara, in four dialogue-free panels. Moore chooses to use this transition here to do exactly what McCloud described. The dreadfulnessRead MoreLove and Relationships Throughout the Ages of Man Essay1508 Words   |  7 Pages2013) is a documentary that attempts to portray what it means to b e a Native American in modern times. It uncovers how child abuse and domestic violence tainted the life of one woman on an Indian reservation. Robin Charboneau, the protagonist of the film, becomes a whistleblower of the dysfunctional tribal council system. As she seeks help and advocates for her family, she faces the scars from her own past and starts on a journey full of learning, growing and healing. Robin Charboneau Robin CharboneauRead MoreEnron : The Smartest Guys Of The Room Essay1549 Words   |  7 Pagesname Enron they automatically associate their name with one of the biggest accounting and ethical scandals known to date. The documentary, â€Å"Enron: The Smartest Guys in the Room,† provides an in depth examination of Enron and the Enron scandal. The film does a wonderful job of depicting the downfall of Enron and how the corporate culture and ethics were key to Enron’s fall. As the movie suggests, Enron is â€Å"not a story about numbers, it is a story about people.† Enron – A Brief History In 1985, InterNorthRead MoreThe Child That Lives From Within1681 Words   |  7 Pagesthat Norman’s character reinforces. Despite the age of the theories and film, the question concerning if Norman Bates’ mental state is innate or a gradual creation provides an understanding of current coalitions between parent-child bonds and psychopathy. The accurate depiction of how Norman is nurtured into being a killer shows viewers that although he is a fictional character, he represents psychopaths outside of the film world. To be familiar with the extent of vacant family relations emphasizesRead More Slaughterhouse-Five: The Novel and the Movie Essay examples3404 Words   |  14 PagesVonneguts Slaughterhouse-Five (or The Childrens Crusade; A Duty Dance With Death). The film made over 4 million dollars and was touted as an artistic success by Vonnegut (Film Comment, 41). In fact, in an interview with Film Comment in 1985, Vonnegut called the film a flawless translation of his novel, which can be considered an honest assessment in light of his reviews of other adaptations of his works: Happy Birthday, Wanda June (1971) turned out so abominablyRead MoreCharacter Analysis : Film Analysis Of Snow White1899 Words   |  8 Pagescomb in addition to the apple usually used to poison the Snow White. The recent film adaptation â€Å"Snow White and the Huntsman† managed to change the narrative considerably by eliminating several characters as well as making radical alterations to the story. In the movie, Snow White is a powerful woman who managed to destroy the stepmother by herself. The later changes to the story show that the fairy tale experienced changes because it was adapted to different audiences. While it was important to createRead MoreInterview with the Vampire Paper3909 Words   |  16 PagesVampire: The Vampire Chronicles I have enjoyed many vampire movies over the years, long before they became the popular pop-culture genre they have become due to the success of The Twilight Saga films. One movie I have enjoyed viewing many times since its debut in 1994 is Interview with the Vampire. This film is an adaptation of the book Interview with the Vampire written by Anne Rice in 1973 and published in 1976. The movie was directed by Neil Jordan who also co-wrote the script with Anne Rice. Interview

House of Spirits - Ghost, Spirits, Supernatural Women free essay sample

The House of Spirits by Isabel Allende is captivating novel full of the supernatural and realistic sides of the Trueba women. Allende’s use of the supernatural heightens suspense, enhances the setting, and complicates the plot (Jenkins). The novel goes through three generations of women each one more involved with spirits than the previous. Clara is the mother of Blanca and grandmother of Alba which expresses the realism of spirits as Clara passes on.Allende uses her experiences as a woman to personify them through the three generations, emphasizing the bond between the three in form of ghosts and spirits and illustrates their power through their silence and voice truly creating a threat to the society. The silence allows for them to be in total control of every situation at all times. With her supernatural powers, Clara is the spark for the revolutionary change in the Trueba family and surrounding society. We will write a custom essay sample on House of Spirits Ghost, Spirits, Supernatural Women or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Her silence is a weapon against Esteban in which he knows he cannot control.Here role in the story is vital to the development of the plot, Clara in Spanish means clear or purity, also it is known for clairvoyance, in which Clara does portray all these qualities in that she, despite her experience, is pure and will never become tainted for she can see into the future and may play off that as a form of warning. In the novel, she knows that she will become best friends with Esteban’s sister, but at the same time she understands that her death will come sooner than expected. Her Special powers also make her common tasks more difficult.Yet she does yield a tremendous amount of responsibility and power with her voice alone. Such authority, especially where the supernatural is incorporated into cultural beliefs and experiences, proves a genuine challenge to patriarchal authority (Jenkins). â€Å"Women writers use supernatural or fantastic to recreate reality and traditional evaluative standards prescribing a formal realism â€Å"(Jenkins). This statement is true in that Allende uses her own experiences of her father to portray in the novel with Blanca and Esteban.Esteban loses the election to the people’s party; Isabel Allende’s father was kicked out of power as well in a similar situation. The women portrayed in the novel all have an angelic feel to them, or that they are constantly being followed by a ghost. This out of body presence is that of their family. Blanca and Alba experience this when Clara passes away in that her spirit is always with them and her ghost is constantly on earth, as though she is unable to leave. The Empowering distinction of the women with spirits is a great threat to the fabric of Chilean society for women feeling power to equality with men would start a revolution. As Jenkins states in her essay on Supernatural, ghost, spirits, and women â€Å"†Allende reproduces the silences of Clara that reflect a kind of subversive mimicry of patriarchal scripts of female submission rather than a complicity in such scripts†. (Jenkins). Despite not direct influence on Alba, once Clara has passed she still is influence Alba’s life and what she does. Clara’s spirit inspires Alba to begin writing as her grandmother once did, which in turn rescued Alba from possible psychological and physical pain. The power behind the voice of women in the novel and roles played mirror the way ghosts and spirits indentify in the novel.The author employs many forms of realism in her writing to incorporate the lives of Clara, Blanca, and Alba. This is evident through Clara in that her spirits are going against religion and good manners. The Supernatural aspect of Clara’s life proceeds on through those she encounters, with Esteban’s sister, Ferula becomes entranced with the out of world like experience of being around Clara in which she falls in love with Clara. â€Å"Women explore the authority provided by ghosts and spirits to articulate an alternative story from those endorsed by patriarchal cultures† (Jenkins).Clara, Alba, and Blanca all go through supernatural experiences in which they live their lives by, which take away their vulnerability to oppression or any psychological games. The Supernatural realism in the novel is one of Allende’s techniques of employing a Magical and Mystic feel to the novel. Each character is followed by a spirit which holds people accountable in every aspect of their lives. The spiritual survival through the cultures and history is the true meaning to the novel, in that all spirits are there to carry on the culture on to the next generation as for it not be lost.