Essays on Claimant

What defense might be raised in this case?

In the case of Dr. Nalwa, the defendant can raise the defense of primary assumption of risk. The defense in commonly brought up in sporting activities where a participant voluntarily and willingly chooses to take part in the game despite being cognizant of the fact that he or she may be injured or incur some form of loss(Owen, 2014). Dr. Nalwa willingly and voluntarily chose to engage in the sport of bumper car riding. No one compelled her to participate in the same. By dint of the voluntariness, it is presumed that she was aware of risks inherent ...

Circumstances, where confidentiality agreements are necessary

Nowadays, the intensity of competition among the producers of confectionary is crossing the boundaries of imagination. In order to stay competitive, the businesses have to reduce their overheads, while trying to maintain the appropriate quality standards of their products. These research and development activities require substantial funding, and, in order to safeguard their achievements from being imitated by the competitors, the ultimate contents of products are held in the strictest confidentiality (Hasnas, 2006). Food companies often offer lucrative settlements to those, who have been affected by their products (Maclntyre, 2008). Yet, the majority of such offers have a small, ...

Introduction

The English legal system is based on elements of the Christian Bible and its tradition. This comes with some moral concepts like lying about other persons and spreading false information. Defamation is made up of libel and slander. Whereas libel is a false and damaging comment written down, slander refers to such a statement spoken orally. The purpose of this paper is to conduct a critical analysis of the concept of defamation and how it relates to media law.

Basically, every human being has a right to a reputation. Reputation is a kind of personal right that embodies a ...

1. What is the definition of a tort? Tort is “a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.” (Merriam-Webster) 2. What are 2 types of damages you may receive if you are successful in a torts cause of action? “Legal damages can encompass economic losses, such as lost profits, as well as punitive damages, which are awarded to plaintiffs as a way of punishing malicious wrongdoers. “ (Wrongful or Tortious Interference with Contracts.) 3. Name ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Response

Response What is the argument of the reading? Summarize it in your own words and assess whether you agree with it or not, stating your reasons why. As I personally see it, it is quite a reasonable statement as we can read or just learn of many immigration court cases when success of persecution process is determined by the issue of claimant credibility or his/her performance within the immigration court room. Moreover, the author managed to prove the above said by bringing the examples of real life cases; thus, for example, he managed to review over 100 gender-related appellate ...

Introduction

Many philosophers have identified various branches of egalitarianism. One such branch is the luck egalitarianism philosophy, which recognizes distinctive interpretations and critiques. Elizabeth Anderson formulates a distinctive branch of egalitarianism that opposes luck egalitarianism, namely the democratic equality philosophy. This essay will first delineate the main points of Anderson’s opposition to luck egalitarianism and democratic equality. After this review, there will be applied an insightful analysis of the presented principles, which will be opposed. For a balanced presentation, there will also be provided a response to the identified objections.

Section 1

Elizabeth Anderson is one of the major critics of ...

In this case, IBM developed the dial-up-era dinosaur programme which was developed with the aim of connecting the customers with the company through the social media networks. This however, was similar to a similar product that had been developed by The Groupon Ltd. Groupon went further to obtain a patent to bar the other companies from using the similar product. This product as per the business ethics were said to be unfair in terms of being unfair to Groupon since it had the patent to the product (Vanian, 2016). The case brought before the court is one which was ...

The article 2 of the Human Rights Act of 1998 is a fundamental provision that is usually invoked to safeguard the right to life of individuals and that which imposes the legal obligation of contracting states to take appropriate steps not only in refraining from taking life intentionally, but also to take the appropriate steps to safeguard life. This provision has become the controversy in many cases involving human rights torts, by virtue of the section 6 of the Act that provides a statutory cause of action against the public authorities or bodies. In many occasions the article 2 ...

Literature Review: Principle of Equivalence

List of References: 12 Literature Review Principle of Equivalence Background Usually, whenever a property is purchased or acquired from a willing or non-willing seller, it is expected that a fair compensation is given to those whose interests are deprived. However, it may be difficult to determine what a fair compensation constitutes. In some cases claimants may receive more or less compensation compared to the value of their property. In other instances, the monetary sum provided may be a huge sum, but it may not cover non-quantifiable losses such as psychological and social implications. As experience has shown, there are ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

Introduction

Passengers aged over fifty years often develop Deep Vein Thrombosis (DVT)during prolonged flights. The development of DVT among passengers is well documented but is not often experienced by pilots flying commercial aircraft; however, there are a few cases where pilots have developed DVT in the course of duty.The potential liability of airlines is much more expounded with respect to claims arising from injuries caused to passengers without any sort of monetary limitation. In order to address the problem and help balance the liability to a proper proportion, the Convention for the Unification of Certain Rules Relating to International ...

A Brief Set of Facts

This case was instituted before the High Court of South Africa in September 2014. The first claimant was the duly registered owner of a residential property located in River East Township Division IR Gauteng. Through several formal and informal agreements, the first claimant agreed and transferred the title of the immovable property to the second respondent, and the name in the register was changed to the second respondent. With the title to the property, the second respondent secured a loan from the third respondent using the property as security. The claimants sought a declaration that the agreements between the ...

Introduction

Defamation is the publishing of a statement regarding a person’s reputation to the effect that the statement lowers the person in the estimation of right thinking members of the society. The offence is divided in two different torts; slander and Libel. The earlier distinction between the two indicated that libel involves publications made in printed form while slander is basically oral defamation. However, with recent technological advancement, the approach is that libel occurs when the defamatory statement is in permanent form while slander has to make statements which are not recorded or not in permanent form. In order ...

Legal research

Introduction Every business should abide by the business laws to remain competitive and relevant. Particularly, concepts surrounding the law of contracts, torts, and employment law guide most conflicts occurring in businesses today. However, businesses are faced with challenging situations that require precise understanding and interpretation of different commercial case laws and concepts. The lack of understanding of these basic concepts may cause businesses to suffer legal consequences arising from frequent litigations (Singh, 2007). The current paper analyses three events that happened at Wicked Theatres Group Ltd.’s theater. In doing so, the paper sheds light on the legal principles ...