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Case Study on Tort Claim
Words: 686 Length: 2 Pages Document Type: Essay Paper #: 45016277
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In common law, a tort is a civic wrong that causes a plaintiff to suffer harm or loss which results in legal liability for the individual (defendant) who committed the tortious act. The goal of filing a tort claim is to receive a private civil remedy or monetary compensation for the tort action. In essence, a claim for a tort action seeks to obtain remedy or compensation for purposeful infliction of negligence, injuries, emotional distress, invasion of privacy, and financial losses. There are different kinds of tort claims including intentional torts, negligent actions, miscellaneous torts, product liability issues, and strict liability. However, for an individual to win a tort claim, he/she must adequately prove that all aspects of the tort law were committed. In this scenario, there are some individuals who could file a claim for a tort action.
Tim (plaintiff) has a claim of tort action against the…

Cyber Forensics and Legal Considerations
Words: 3240 Length: 11 Pages Document Type: Term Paper Paper #: 74919824
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Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology?
Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. However, there are numerous considerations to be made within this realm: constitutional law, property law, contract law, tort law, cybercrime, criminal procedure, evidence law, and cyber war. This paper will examine how the law is only barely keeping up with advancing technology in the realm of cyber forensics and legal considerations. Specifically, it will examine the role of cyber forensics today, the role of cyber space in today’s digital world and where legislation and legal system fails to keep up with the needs of people and businesses. The paper will focus on what amendments have been made to the Constitution, what bills have been passed in relation to cyber security and cyber forensics,…

Andres, R. B. (2015). National Security and US Constitutional Rights. Cybersecurity and Human Rights in the Age of Cyberveillance, 147.
Dumaine, B. (2018). It Might Get Loud: Inside Silicon Valley’s Battle to Own Voice Tech. Retrieved from
EU. (2019). GDPR. Retrieved from
Gogolin, G. (2010). The digital crime tsunami. Digital Investigation, 7(1-2), 3-8.
Marangos, N., Rizomiliotis, P., & Mitrou, L. (2012, December). Digital forensics in the cloud computing era. In 2012 IEEE Globecom Workshops (pp. 775-780). IEEE.
Marshall, H. (2018). 6 Comparative perspectives on digital forensic technology. Emerging and Advanced Technologies in Diverse Forensic Sciences, 81-101.
Nance, K., & Ryan, D. J. (2011, January). Legal aspects of digital forensics: a research agenda. In 2011 44th Hawaii International Conference on System Sciences (pp. 1-6). IEEE.
Norwich University. (2019). Cyber forensics. Retrieved from

Torts the Definition of a Tort Is
Words: 963 Length: 3 Pages Document Type: Essay Paper #: 55777885
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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, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party filed against is liable for the injury according to the law. The tort law will also determine what the required compensation is to amount to for the injured party. Essentially the four components applicable to tort law include causation, duty, injury and a breach of (expected) duty (Standler, 1999). The determining factor warranting damages is a breach of duty toward a plaintiff from the defendant that has caused injury. There are many different types of torts, however the three…


Farlex Law Dictionary. (2011). Causation. Retrieved June 16, 2011 from http://legal-dictionary. thefreedictionary. com/causation

Farlex Law Dictionary. (2011). Proximate cause. Retrieved June 16, 2011 from http://legal-dictionary. thefreedictionary. com/proximate+cause

Standler, R.B. (1999). Definition of torts. Retrieved June 16, 2011 from http://www. rbs2. com/index. htm

Tort Reform Has Been on the Lips
Words: 1021 Length: 3 Pages Document Type: Essay Paper #: 32208254
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Tort reform has been on the lips of politicians and attorneys for many years. In the United States, it is a contentious political issue with strong feelings on both sides of the issue. U.S. tort reform advocates propose procedural and time limits on the right to file claims as well as capping the amounts of damage awards. The supporters of the existing tort system argue that the reformers have misrepresented the issues and criticize tort reform as favoring corporations. In this essay, the author will briefly look at both sides of the issue. Then, we will examine possible solutions in the form of a social security type of system that would issue payments to tort recipients from a government run accident insurance fund that corporations and citizens would both contribute to. Such an approach would however constitute a major change in the tort system of the U.S. which is fundamentally…

Works Cited

Dukes, G., Mildred, M., & Swartz, B. (1998). Responsibility for drug-induced inquiry: a reference book for health professionals and manufacturers . Amsterdam, NE: IOS Press.

Examining the work of state courts, 2003. (2011). Retrieved from

Facts about tort liability and its impact on consumers. (2007). Retrieved from

Koenig, T.H., & Rustad, M.L. (2001). In defense of tort law. New York, NY: New York Univ. Press.

Torts Fred and Anna Ivan
Words: 1273 Length: 4 Pages Document Type: Term Paper Paper #: 53878299
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Claudio did not have to let them in since they lacked the proper warrants State Immigration Department acted without warrants Without obtaining the requisite warrants, they had come into the restaurant, stationed an official at each door, barred exit from exiting and began interrogating Ricardo in the kitchen. Ricardo in the kitchen. In fact, Ricardo was on a valid working holiday visa. Ricardo would likely have a possible recourse for suit against the State Immigration Department for nuisance, especially if he would not lose his job over the incident since special damage to the plaintiff is not required. Rather, in an action for false imprisonment the detention and the "directness" of the cause must be proven. Then, it is for the defendant to demonstrate the lawfulness in justification. There is no onus on the plaintiff in establishing unlawfulness as one of the elements of the tort as the liberty of…


Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2.

Wright, Brian. Limitation of Actions Act, 

New South Wales v Lepore; Samin v Queensland; Rich v Queensland, Melbourne University Law Review, [2003] MULR 22

Robinson, Mark A. Damages in False Imprisonment Matters. 22 February 2008.

Tort Exam Barnaby Willows Owns a Small
Words: 5672 Length: 20 Pages Document Type: Assessment Paper #: 18570631
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ort Exam

Barnaby Willows owns a small boutique petting zoo in downtown Sydney. his petting zoo harbors two of each kind of local species of animal. he zoo is open to the public seven days a week for 8 hours a day. he animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. he petting zoo has been in operation since January of 2000; to date no member of the public has been injured by any of the animals. Paul Hogan has been an employee of Barnaby for the past two (2) years his main job includes tending to the animals in their cages. his includes feeding the animals and making sure they are comfortable at all times.

Barnaby has recently received an import of Coyotes from the United States Southwestern Cultural Center located in Phoenix, Arizona. he…

There is specific statutory language that we can use to reduce the amount of damages that Ms. Jones will have to provide to Michael. Specifically, in the Contributory Negligence and Tortfeasor's Act of 1947, Western Australia has added some provisions that can mitigate the damages. Specifically, the statute states: Whenever in any claim for damages founded on an allegation of negligence the Court is satisfied that the defendant was guilty of an act of negligence conducing to the happening of the event which caused the damage then notwithstanding that the plaintiff had the last opportunity of avoiding or could by the exercise of reasonable care, have avoided the consequences of the defendant's act or might otherwise be held guilty of contributory negligence, the defendant shall not for that reason be entitled to judgment, but the Court shall reduce the damages which would be recoverable by the plaintiff if the happening of the event which caused the damage had been solely due to the negligence of the defendant to such extent as the Court thinks just in accordance with the degree of negligence attributable to the plaintiff.

This statute specifically applies to the facts of this case. There is no question that Michael's refusal to wear the seat belt contributed, in the smallest of degrees, to the injuries that he suffered. However, to hold Ms. Jones 100% liable and exact damages upon her would be a miscarriage of justice. The statutory language clearly states that the Defendant would not be in a position to win the case; however, the Court does have the authorization to reduce the amount of damages awarded to the Plaintiff to equal the negligence committed on behalf of the Defendant. In other words, this statutory language gives the court to assign a dollar amount to the Defendant's negligent actions and therefore award the Plaintiff damages in that amount.

Based on the facts of the case that are not disputable and the clear statutory language, the senior partner is in a strong position to argue the amount of damages awarded to the Plaintiff should be equal to the damages caused by the direct negligence of the Defendant. Therefore, this statutory provision authorizes the court to reduce the damages by exacting from the award the amount attributed to the Contributory Negligence of the Plaintiff.

Torts Tort Is a Wrongful
Words: 1838 Length: 5 Pages Document Type: Term Paper Paper #: 11029761
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However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability.

Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable.

As demonstrated, tort…

Works Cited

Coleman, Jules. "Theories of Tort Law." Stanford Encyclopedia of Philosophy. 2003. Stanford

University. 10 May 2005 .

Hill, Gerald and Kathleen Hill. "Tort." The Real Life Dictionary of the Law. 2005.

10 May 2005|||| .

Tort Reform
Words: 1421 Length: 4 Pages Document Type: Term Paper Paper #: 82396570
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Tort Reform

President Bush came into the hite House with a history as a 'tort reformer.' True to his record, the President backed a 'tort reform' bill last year that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue and includes the following:

summary of the proposed public policy on tort reform

The impact of the policy (who shall be affected?)

The lobbying efforts in favor of and against the tort reforms


The present tort reform proposal is restricted to…

Works Cited

Horowitz, Michael. "Can Tort Law Be Ethical? A proposal to curb ill-gotten gains." Hudson Institute. First published in the Weekly Standard March 31, 2001. May 18, 2003. 

HR 5: A cruel Proposal in Congress." Center for Justice and Democracy. N.d. May 18, 2003.

President Announces Framework to Modernize and Improve Medicare." White House Press Release. March 4, 2003. White House Web Site. 

Sebok, Anthony J. "Can an HMO Be Sued For Medical Malpractice Based on Its Coverage Decisions?: A Recent Federal Appeals Case Says Yes." February, 27, 2003. FindLaw Website. May 18, 2003.

Tort Case Study for Ron and Print It
Words: 891 Length: 2 Pages Document Type: Essay Paper #: 70306547
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Legal Case; Ron is Hurt by Protestors What Action can he Take?

Ron has a potential claim under tort. Tort is seen when one person/party does something wrong against another (Edwards and Wells, 2015). For Ron to take action, three things should be present, the person accused of wrongdoing should have a duty of care, that the duty of care was breached, and that Ron (the plaintiff) suffered as a result of that breach.

Torts are a civil action, with three different types of tort actions possible; intentional, negligent, and strict liability torts. Intentional torts are seen where there is purposeful harm committed, including actions such as assault and battery (Glannon, 2015). Negligence is seen when actions where not purposeful, but where the result of an error or mistake, on the part of the wrongdoer, including not taking actions expected of a prudent person, may be seen as negligent if…

Torts Before Entering the Matter
Words: 2680 Length: 10 Pages Document Type: Essay Paper #: 95164033
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Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies.

Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or likeness and publicity placing the plaintiff in a false light. There are several different claims that are detailed in this chapter, including claims involving privacy for third persons. Finally, the last subchapter includes a reference to related torts, such as the breach of confidential relationship.

Chapter 10 is a general chapter that presents other torts that have not been included in any of the other chapters. Other torts include misrepresentation, negligent misrepresentation, injurious falsehood and interference with economic relations. At…

Torts What Torts Are Present in the
Words: 623 Length: 2 Pages Document Type: Essay Paper #: 30648645
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What torts are present in the scenario?

In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness that resulted in bodily, emotional or financial harm. The way that this is affecting Phyllis, is with the restaurant ignoring the fact that she is bleeding profusely. Then, at the hospital the doctor amputated her foot vs. removing the piece of metal from her mouth. ("Types of Torts," 2012)

Strict liability tort is when the other party can collect damages from a particular activity being dangerous. In Phyllis' situation, she can use this to make a claim against the hospital. This is based on the fact that she is seeking out medical treatment (which is considered to be hazardous). ("Types of Torts," 2012)

Who are the potential plaintiffs and defendants…


Tort Damages. (2011). Law School Help. Retrieved from: 

Types of Torts. (2012). U.S. Legal. Retrieved from: 

What are the Four Elements of Tort. (2012). Finney Law Office. Retrieved from:

Tort Case A Tort Is
Words: 571 Length: 2 Pages Document Type: Term Paper Paper #: 41489617
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In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it.

Elderly Lady v. Italian estaurant


Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he could to be careful, but whether the defendant's conduct was that of a hypothetical reasonably prudent person placed in the same or similar circumstances (Kionka, 2006). In this case because there was only a revolving door the patrons were not able to get out of the restaurant in the fire emergency. The Italian estaurant would be guilty of negligence in regards to the elderly lady who was injured as patrons tried to escape.

Anna v. Surgeon




Kionka, Edward J. (2006). Torts. St. Paul: Thomson/West.

Tort. (2011). Retrieved January 30, 2011, from the Lectric Law Library Web site:

Tort Consists of an Incident
Words: 381 Length: 1 Pages Document Type: Essay Paper #: 78186640
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If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable (meant to harm). The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur.

Other types of tort actions against a plaintiff consist of false imprisonment (confinement or restraint of the victim), trespassing with intent to damage property, deliberately inflicting mental distress (mental abuse) in which the victim may or may not demonstrate physical evidence of such distress.

Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements…


Torts, (2009). LexisNexis Capsule Summary. Reviewed July 1, 2009 at 1:00 P.M. At .

Torts and the Business Environment
Words: 580 Length: 2 Pages Document Type: Essay Paper #: 66173816
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Shedd, P. orehead, J. & Pagnattaro, . 2008). The Court however, in absence of any special relationship between Burger King and Iannelli does use the Walls case to highlight "particular circumstances which can give rise to such duty" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008).

In deciding the case in favor of the plaintiffs, the court indicates that it was the duty of the Burger King establishment to recognize that the precipitant to the attack on Iannelli was the "teenagers' obnoxious, open, and notorious behavior in the restaurant" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008). This behavior "could reasonably have been anticipated to escalate into acts that would expose patrons to an unreasonable risk of injury" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008). The court recognizes that "particular circumstances" warrant the defendant to take affirmative action to reduce the risk of…

Morehead, J. & Pagnattaro, M. 2008). These circumstances include when the opportunity for criminal misconduct is brought about by the actions or inactions of the owner or where the overriding foreseeability of such criminal activity exists. (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008)

For the defendant the duty to protect their customers followed from the actions of the youths which 'created and unreasonable risk of injury which was foreseeable to the defendant" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008).

What does the Court suggest that the restaurant manager should have done in this case that would have satisfied the

Tort Business Law Questions Chapter 24
Words: 870 Length: 3 Pages Document Type: Term Paper Paper #: 16116001
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Tort / Business Law Questions

Chapter 24 Product Liability: Warranties and Torts

The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…

Torts There Are Two Separate Negligence Causes
Words: 580 Length: 2 Pages Document Type: Essay Paper #: 85417529
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There are two separate negligence causes of action, one cause of action from the customer who ingested the glass, and the other cause of action can be brought by any customer or employee who sustained injury from the fire.


To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff. In other words, plaintiff must prove the following elements:

The existence of a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury.

Here, the restaurant is engaging in the business of serving food to customers, and it is presumed that an ordinary, prudent reasonable restaurant will take precautions against creating unreasonable risks of injury to its customers. From the perspective…

Tort Reform Firestone Based on
Words: 937 Length: 3 Pages Document Type: Case Study Paper #: 93766287
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Some legislators believe that such suits encourage companies to ensure that there products are safe. Other law makers, however, believe that such suits are excessive and can prevent companies from being able to recover.

Another form of tort reform that as been suggested is known as "loser pays. This type of legislation is based on the English Rule (Protecting Firestone and Ford Federal Tort Reform). This particular proposal would force the loser in a lawsuit to pay all the expenses associated with bringing the lawsuit (Protecting Firestone and Ford Federal Tort Reform). This is already a part of the rules of the court in the British system. The purpose of such a reform is to minimize the number of frivolous lawsuits that end up in court. Having such a law discourages people from filing suits that cannot be won. These lawsuits also encourage people to settle their differences outside of…

Works Cited

Protecting Firestone and Ford Federal Tort Reform. Retrieved December 10, 2009 from;

Tread Act. Retrieved December 10, 2009 from;

Tort Walk Was Conducted by the Undersigned
Words: 1788 Length: 5 Pages Document Type: Term Paper Paper #: 90298322
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Tort walk was conducted by the undersigned and others at a local middle school in Broward County. The school was examined from the point-of-view of structural anomalies that could cause harm and injuries which could result in an action for a tort. Tort in this case could be based on negligence or injury and damage of property and if the violation of statutes goes with it then the school may be really responsible for the injuries. This position being taken the walk therefore concentrated on the structure of the building, the human traffic areas namely corridors and hall ways, the problems of the physical education set up and the soundness and safety of the school and the playground equipment. These issues are the likely source for injuries and complaints and hence these were examined in detail.

Identification of three areas of concern:

As stated above the building hallways, PE Class,…


Biers, Sam. (2006) "Verduce v Board of Higher Education Ct. Of App. NY App Division,

[1959] Implied Assumption of Risk." Retrieved 12 October 2011 from 

Florida Statutes. (2008) "TITLE XLVIII K-20 EDUCATION CODE Chapter 1006, Part IE

Transportation of Public K-12 Students." Retrieved 12 October 2011 from

Laws Relating to Different Businesses Laws Related
Words: 733 Length: 2 Pages Document Type: Essay Paper #: 719988
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Laws elating to Different Businesses

Laws elated to Different Businesses

Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies

The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…


Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: 

SBA. (2011). Small Business Administration. Retrieved from:

Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.

Paralegal Specialties International Law Paralegals in This
Words: 810 Length: 2 Pages Document Type: Essay Paper #: 23220141
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Paralegal Specialties

International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.

Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.

Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…


Bevans. (2009). Tort law for paralegals. New York: Aspen

Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at

Civil and Criminal Law Are
Words: 954 Length: 3 Pages Document Type: Term Paper Paper #: 6431401
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Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…

Dupont Case Study Tort
Words: 870 Length: 3 Pages Document Type: Essay Paper #: 10603366
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Defenses, Privileges, And Damages

Strict Liability


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 on the allegations of injuring local residents through the contamination of their property by the release of harmful substances like cadmium, arsenic and lead at the zinc smelting site of the company.

The case is a classic example of strict Tort. This is a case where the accused did not intentionally intend to cause harm to the injured and yet the actions resulted in alleged harm and discomfort. In this case, though DuPont did not intend to cause harm directly, the actions of the company allegedly caused harm to the local residents in terms of contamination and the injury to their property.

In the future companies would be more careful to take care of the possible…

Gilbert's Summaries Contracts the Law
Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030
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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 trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…

civil tort criminal law differences
Words: 746 Length: 2 Pages Document Type: Essay Paper #: 61848157
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Civil vs. Criminal Law
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…

Business Employment Law Hernandez v
Words: 1882 Length: 5 Pages Document Type: Case Study Paper #: 5264679
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It is hard to argue with the legitimacy of that consideration.

Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.

The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…

Business Law and Enforcing Contracts
Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401
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Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…


Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.

Nature of Negligence Unintentional Tort
Words: 1757 Length: 5 Pages Document Type: Term Paper Paper #: 42466537
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Unintentional Torts

In order to get a good understanding of unintentional torts, it is important to first understand the term tort. The term tort is a French word whose English equivalent is the term wrong. It has also been considered to be a derivative of the Latin word tortum which can be loosely translated as twisted or crooked or wrong (Best, Arthur, and Barnes, 2). It therefore means that a wrong or crooked conduct can be considered to be a tort. For a period of time the use of the term tort in day-to-day speech was common, however, the current use is more confined to the legal system (Calnan, Alan). Thus the brief definition of this term in the legal language is 'a wrong whose remedy will be provided for by the law', this remedy is usually in many forms but more often has monetary value. The entire development process…


Best, Arthur, and Barnes. "Basic Tort Law: Cases, Statutes, and Problems."

New York: Aspen, 2003.

Calnan, Alan. "A Revisionist History of Tort Law." Durham, N.C.: Carolina Academic Press,


Australian Law on Torts and
Words: 5206 Length: 17 Pages Document Type: Assessment Paper #: 57106443
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This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.

4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.

5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…


Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The

United States, Europe, and Australia. New York: LFB Scholarly Publishing.

Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,

no. 4, pp. 402-427.

Damages the Law of Damages
Words: 2998 Length: 9 Pages Document Type: Term Paper Paper #: 65478848
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Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.

VIII. Fraud…

Elements of a Tort
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tort case, I will refer to Matsuyama v Birnbaum, which is a tort case involving wrongful death, with healthcare defendants. This is an interesting case because malpractice suits of various types are one of the causes cited by casual observers as being contributory factors in the high cost of health care in the United States. This case relates to standard of care, wherein the medical practitioner was accused of not delivering an acceptable standard of care, and that this failure was the cause of the deceased's passing. At issue in this case was the use of medical experts to determine whether the physician in the case met the acceptable standard of care. Such standards are used as benchmarks in tort cases involving malpractice, so determining what the acceptable standard of care is a critical issue in any such case. The methodology by which that standard is established was one of…


Jayasankar, S. & Curi, S. (2010). Loss of chance in medical liability. American Academy of Orthopaedic Surgeons. Retrieved October 5, 2015 from

Ethics Law
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Legal Ethics Surrounding the Love Canal Tragedy

Love Canal Law/Ethics

In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).

Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues…


DOJ (U.S. Department of Justice). (1995). Occidental to pay $129 million in Love Canal settlement. Retrieved 16 Nov. 2012 from

EPA (U.S. Environmental Protection Agency). (1979). U.S. sues Hooker Chemical at Niagara Falls, New York. Retrieved 16 Nov. 2012 from .

Lercher, Aaron. (2004). Is anyone to blame for pollution? Environmental Ethics, 26, 403-410.

Regional Institute. (2008). Policy Brief: Thirty years from Love Canal. Retrieved 16 Nov. 2012 from

What Is Law
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Agency Law

What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor?

Under contract law, the employer is referred to as the principal and the employee is referred to as the agent. Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. In contrast, employer/employee relationships and employer/independent contractor relationships typically apply in tort law.

The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. (Community for Creative Non-Violence v. Reid, 490 v. U.S.730 (1989). Independent contractors typically control their own schedules and progress on a work assignment.

Identify, define and discuss the categories of…

Nursing Law and Ethics Name
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The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.

Case Study 1 Part B

At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.

Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…


Hall, J. (1960). General Principles of Criminal Law (2nd ed.). Indianapolis: Bobbs-Merrill.

Markesinis, B.S., & Deakin, S.F. (1999). Tort Law (4th ed.). Oxford: Clarendon Press.

ANCI Competency Standards for the Enrolled Nurse at

Scope of Nursing Practice Decision Making Framework, 2006 at$File/Scope%20of%20Nursing%20Practice%20Decision%20Making%20Framework.pdf

Business Law the Objective of This Work
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usiness Law

The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.

Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.

The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods…


Sale of Goods Act1979 (nd) The National Archives. Retrieved from: 

Defective Products (2012) Consumer Issues. Retrieved from: 

Panatol Corporation v. Emerson Electric Company No. 04-03-00547-CV (2005) Court of Appeals of Texas, San Antonio. 23 Mar 2005. Retrieved from: 

Larson, Aaron (2005) Defective Products Law. Mar 2005. Retrieved from:

Fault An Alternative to the Current Tort-Based
Words: 30263 Length: 110 Pages Document Type: Thesis Paper #: 86754711
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Fault: An Alternative to the Current Tort-Based System in England and Wales

The United Kingdom

statistics regarding claims
























Works Cited



At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…

Negligence Law in Present Day
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Tort of Negligence with regards to business law. The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the sources of distrust of law.

Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would. The standard that is used to determine if an individual is guilty of the offense of negligence is by asking ourselves whether a careful person would have done the same. In most cases it is often an issue of whether or not there was an act of negligence or conversely whether or not there was compliance or conformity of one's act to those of a reasonable man (Negligence-As a Matter of Law or a Question of…


Armstrong, K., Rose, A., Peters, N., Long, J., McMurphy, S., & Shea, J. (2006). Distrust of the Health Care System and Self-Reported Health in the United States. Journal of General Internal Medicine, 21(4), 292-297. Retrieved, from 

Harris, C., Richards, W., & Fincham, J. (2006). Professional Negligence: When Practice Goes Wrong. The Annals of Pharmacotherapy, 40(7), 1377-1382. Retrieved Sept 12, 2015, from 

(2011, August 15). Legislative News, Studies and Analysis -- National Conference of State Legislatures. Medical Liability/Medical Malpractice Laws. Retrieved September 13, 2015, from 

(1935). Negligence-As a Matter of Law or a Question of Fact -Contributory Negligence of Customers. Indiana Law Journal, 10(6). Retrieved Sept 12, 2015, from

At-Will Employment and the Law
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At-Will Employment

The at-will doctrine has its negatives and its positives. The positive for the at-will employee is that it puts no contractual obligation between employee and employer. Either is free to quit the relationship at any time: the employee may quit, or the employer may fire the employee without notice or having to supply a reason. Of course, like with any rule there are exceptions; for instance, any employer cannot fire an employee for reasons of race, creed, ethnicity, etc. And recent interpretations of the National Labor Relations Act by the National Labor Relations Board have essentially seen to it that employers may not fire employees because of criticisms made by the employee of the workplace via social media (Riddle, 2016; Cavico, Mujtaba, Muffler, Samuel, 2013). The negative side of the at-will doctrine is that it can impair or limit employer-employee relationships. It inspires little loyalty in the sense…

Does Tort Reform Have a Positive Effect in the Health Care Industry
Words: 650 Length: 2 Pages Document Type: Term Paper Paper #: 46346704
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Leflar's Analysis Of Medical Malpractice eform

Leflar (2013) analyzes how medical malpractice reform is affecting the health care industry in his medical ethics study entitled "Medical Malpractice eform Measures and Their Effects." Leflar describes three types of reform initiatives placed into effect in the recent past: limited-liability reforms which favor the health care providers, procedural reforms said to promote safe harbor laws, and systematic overhaul reforms which "move liability away from physicians to hospitals or administrative no-fault compensation systems" (Leflar, 2013, p. 306). Leflar also assesses the current state of reforms already in place, such as damage caps, and that they ineffective at achieving the aims sought by medical malpractice reformers. Leflar suggests that more attention should be given to reforms which concentrate on no-fault systems, safe harbor laws, patient comp funds, early offers, etc.

Leflar notes how malpractice law stems from the tort law and that the earliest laws…


Leflar, R. (2013). Medical Malpractice Reform Measures and Their Effects. Chest,

144(1): 306-318.

Torts That Have Been Developed in Order
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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 the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law.

An intentional Tort

An intentional tort is a civil wrong that is said to be conducted by an offender who did the act intentionally leading to damage of another person or party. This may include torts like striking a person in a car, which may be termed as a battery tort (Allen, 2011).

Negligence Tort

Negligence tort is a civil wrong involving a person engaging in a civil offense due to negligence. In many cases, it involves a person engaging in a careless act that led to…


Allen, D. (2011). The Evolution of Criminal Law and Police during the Pre-modern. Journal of Law, Economics, and Organization, v. 27, Issue 3, pp. 540-67.

Dempsey, F. (2011). An Introduction to Policing. London: Cengage Learning, 2011. Print.

Lloyd, L. (2005). Introduction to Policing & Police Powers. New York: Taylor & Francis Group.

Lynch, E. (2012). Business Law. New York: Newnes.

Tort Reform Necessary Why There Is No
Words: 728 Length: 2 Pages Document Type: Essay Paper #: 56307843
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Tort Reform Necessary? hy?

There is no doubt that America is a litigious society. It is a right built into the U.S. Constitutional that citizens can bring litigation against a person or entity when real (or imagined) harm has been done. Justice should be within reach of all Americans in that sense. But is there a point where too many lawsuits are launched over issues that are seemingly petty? And are there institutions that need protection from litigation? These issues will be addressed in this paper.

Tort Reform is necessary: Dr. Jeffrey R. Cornwall writes in The Christian Science Monitor that small businesses are "…the most impacted by liability costs," and in fact he believes the current economic recovery in the United States cannot reach fruition without tort reform at some level (Cornwall, 2010, p. 1). Cornwall cites a recent study by the U.S. Chamber Institute for Legal Reform (ILR),…

Works Cited

Cornwall, Jeffrey R. (2010). Why tort reform is necessary for economic recovery. The Christian

Science Monitor. Retrieved November 12, 2012, from .

Roser, Mary Ann. (2012). New Study: Tort reform has not reduced health care costs in Texas.

American-Statesman. Retrieved November 12, 2012, from .

Tort Liability Bug May Have
Words: 322 Length: 1 Pages Document Type: Term Paper Paper #: 96500413
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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)

Question B

hat defenses may be available to BUG?

BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a car accident, making it the fault of the driver or robber, not BUG's inability to protect the employee of the vendor company. However, even if a car accident occurs "while the employee was driving from his office to a client's site," on a professional matter, the employer will likely be liable for the accident, thus BUG's legal fate does not look salutory. (Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)

orks Cited

Tort Liability Basics: Strict, Vicarious,…

Works Cited

Tort Liability Basics: Strict, Vicarious, and Joint Liability." (Nov 1999) Findlaw. Retrieved 16 Sept 2006 at

Torts and Risk the First
Words: 979 Length: 3 Pages Document Type: Research Proposal Paper #: 86605766
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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 company can learn from its mistakes and attempt to prevent the same thing from occurring in the future. One measure that can be taken in this regard is to fully assess the current situation in terms of the amount of danger caused, the amount of people affected, and the mitigation measures necessary to eliminate the health risk. A cost analysis should also be conducted to quantify the financial risk, especially in the future (.

The risk of public image can be mitigated by taking the option of settlement via arbitration or mediation. Alumina's guilt and wrongdoing cannot be denied. Being subjected to a court battle that will probably be lost is…


Barcelona Field Studies Centre. (2009). Donana National Park: Causes and Effects of Toxic Waste Pollution. 

Landlin, David C. (2005, Aug.). Current Trends in Toxic Tort Litigation. Risks Management Magazine. Retrieved from

Law and Ethics
Words: 1477 Length: 4 Pages Document Type: Other Paper #: 14400826
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trade libel is fair to business owners. Argue both sides of the issue.

From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)

Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…


Cheesman, H. (2009). The Legal Environment of Business. New York, NY: Pearson.

McHugh, P. (2011). Product Liability for Negligence. Out Law. Retrieved from: http://www.out- negligence/

Statsky, W. (2011). Essentials of Torts. Mason, OH: Cengage.

Steinberg, M. (2009). Understanding Securities Law. Hoboken, NJ: Wiley.

law case'study annotated bibliography
Words: 730 Length: 2 Pages Document Type: Annotated Bibliography Paper #: 39464673
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Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1

his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…

The article discusses the rules that govern the delivery in a contact of sale of goods. The article highlights the various legal aspects that surround delivery of goods such as the place of delivery, the time of delivery of goods, attornment, delivery of wrong quantity, delivery in installments as well as delivery to a carrier. The article stands relevant to the case study since there were issue that implicated the delivery of the goods from Chile to Miami through a courier or shipping company. The article helps in understanding the obligations that the seller, the buyer and the shipping company have concerning the delivery of the wine consignment.

Johnson E.E., (2015). Torts: Cases and Context. Pp 337-349 

This chapter of the book looks at the law of torts, highlighting the existence of an injury at work and the different situations that can be considered as a situation at workplace. It also discusses the issue of calibrating damages at workplace. The writer further highlights the economic losses that can emanate from injuries at work and the emotional anguish and emotional distress. The chapter is relevant to the case study since it helps in the discussion of the injury that the Sunshine State Movers employee sustained while at his official work.

Law and Business When Glenn
Words: 5286 Length: 20 Pages Document Type: Assessment Paper #: 17345660
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During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…

Law in Schools
Words: 1269 Length: 4 Pages Document Type: Essay Paper #: 569787
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Trenton School

The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.

Background Of Trenton School District

It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…

Superior Court in Business Law One of
Words: 1405 Length: 4 Pages Document Type: Essay Paper #: 96500274
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Superior Court

In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.

Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…


Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: 

Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from:

APA Format.