rights to provide independent judgement. However‚ at the same time directors must restrict their independence in a good faith to make decision that would benefit the company. Corporate opportunity factually explains that any business opportunity that could advantage a business (Law Cornell‚ 2010). Thus‚ corporate opportunity doctrine leads the legal duty of directors‚ officers and leading shareholders in a company‚ in the responsibility of loyalty‚ not to take any opportunity for their oneself deprived
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HOGESCHOOL UTRECHT Law Chapter 4 Tort Tort Contents 1) 2) Introduction .......................................................................................................................................... 2 1.1) Tort and Crime .............................................................................................................................. 2 1.2) Tort and Contract ............................................................................................................
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Tort and Regulatory Risks This paper will address preventative‚ detective‚ and corrective measures for a company to manage regulatory risks. We will also review common business torts that occur in many businesses today. According to Jennings: Tort comes from the Latin term tortus‚ which means “crooked‚ dubious‚ twisted.” Torts are civil wrongs‚ actions that are not straight but twisted. This paper will also describe specific measures to manage torts and other regulatory risks that are identified
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admitted that she had exceeded the speed limit‚ but claimed in the statement that it was necessary in all of the circumstances. John suspects that as there was no reference in the claim to any emergency or even any details of patients etc put at risk by the accident‚ that Mary was in fact on her way to the nearby McDonalds family restaurant and had used the siren and its privileges to save time. Advise John as to what Mary will need to prove to establish a claim in negligence against him; and
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a contract ‘consideration’‚ or reward for goods or services rendered. The element that distinguishes a contract from casual agreements is that it is legally binding: The law provides a remedy in the event that the promise is broken. Legally‚ certain types of contracts should be in writing‚
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agreement during their employment. They both left CH20 and went to work for Meras. According to their non-compete agreement from MERAS v. CH2O‚ INC Northern District of California (2013) “after they ceased working for CH20 they would not work for “any business of similar nature to that of [CH20] which is in competition with [CH20]” for the period of three years” When Beriner and Sughroue went to work for Meras they violated their non-compete agreement by not waiting the specified three years before taking
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the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies incorporated or doing business in different states or a citizen of a foreign country. However‚ note that the federal courts traditionally
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ALGAPPA UNIVERSITY KARAIKUDI – 630 003 TAMILNADU DIRECTORATE OF DISTANCE EDUCATION B B A (II YEAR) PAPER 2.4 BUSINESS LAW Paper 2.2 Commercial Law : Business Law Indian Contract Act 1872 : Meaning and essentials of a valid contract Formation of contract – Performance of contract – Termination and discharge of contract – Remedies for breach of contract – Quast contract Special Contracts : Indemnity of guarantee – Bailment – Agency Sale of Goods Act
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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