insider trading (all persons‚ not just directors) 6. Section 588G CA – duty to prevent insolvent trading Daniels v AWA Ltd (1995) 37 NSWLR 438 Application 1. Section 9 defines an Officer to include a Director of a company. (slides) We are told Patricia is a Director of SEPL so she will be an Officer within the Corporations Law. 2. Section 180 requires that an Officer must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would. (slides) Patricia
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Tort Law Tort law is the rules of liability for harm caused by one person to another or other’s property (Lambiris‚ 2012). There is a perspective in this case which related to Tort Law. Anastassia Zissis slipped and injured her neck‚ lower back buttocks and has also suffered headaches and psychological injuries which have effeced her ability to lead a normal life and return to full employment. Howeve it is not caused by one person‚ it claim that the main reason that Anastassia Zissis slipped is
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THE LAW OF TORTS A tort is basically a civil wrong. A civil wrong is an act‚ intentional or otherwise‚ the consequences of which include‚ but are not limited to damage to life or property‚ injury to a person‚ emotional or mental trauma‚ loss in reputation‚ etc. The injured party is entitled to get compensation from the party that was responsible for causing the injury. The objective of the law of torts is to help the injured party receive compensation
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COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd‚ had acid in it‚ which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the manufacturer
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Introduction: We filed a complaint last month in trial court alleging that there was negligence on the part of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samantha Smith had a duty to avoid the spill‚ and was unable to fulfill that duty because she was distracted by her misbehaving child. The store claims that her being distracted makes her equally at fault for the injuries sustained in her trip and fall accident. Statement of Facts:
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Achem Pte Ltd (Achem) was in the business of trading in industrial chemicals. The company was founded by Heng and Tan. Both were directors and shareholders of the company. Other than Heng and Tan‚ the other shareholders include Heng’s and Tan’s relatives and some of these relatives were also employees of Achem. Employee turnover was low and every employee was treated as part of one big family. After several years‚ Tan decided to sell his 55% stake in Achem to Union Pte Ltd (Union) because he
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in a way that offers the best interest of a child‚ young person‚ or in my case vulnerable adult‚ in a way which will not be detrimental to the health‚ safety and wellbeing of that person. How the duty of care affects the work of a care worker. Every individual should be supported and enabled to live in an environment which is free from prejudice and safe from abuse. Your responsibilities under the duty of care are to do everything reasonable within the definition of your job role to make this happen
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LGST101: Business Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering
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ethical and legal requirements‚ and the ethical principles that would guide my practice as a nurse in this situation. Negligence is comparable to carelessness. According to Guido (2010)‚ negligence is “a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (p. 92). There are four fundamental elements to a negligence claim and the rules in a tort law require each element be demonstrated for a claim to be honored in court. They are 1) legal duty to
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Hedley Byrne v. Heller [House of Lords] [1964] AC 465 Summary: Hedley (the appellants) were advertising agents who had provided a substantial amount of advertising on credit for Easipower. If Easipower did not pay for the advertising then Hedley would be responsible for such amounts. Hedley became concerned that Easipower would not be in a financial position to pay the debt and sought assurances from Easipower’s bank that Easipower was in a position to pay for the additional advertising
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