Legal Advice Case Study Late one Saturday night Chris, who is a fanatical Manchester United supporter, is walking home, when he sees a stone on the pavement in front of him. Pretending that he is Ryan Giggs and with only the goal keeper to beat, Chris lets fly at the stone with his trusty left foot. The stone strikes Dan, who is walking his dog, on the shin. Chris says he didn't see Dan because it was very dark and he didn't think anyone was around, and also because he had been to a …show more content…
What needs to be questioned is whether Chris's behaviour was correct. We must therefore look at this from the point of whether a reasonable man would have acted this way. The defendant would not be liable if the event was unforeseeable but he could be still found guilty if the act he committed was reasonably foreseen and not of proper behaviour If, as a rational man, Chris had realised the result of his actions, he would unlikely have kicked the stone in the first place. If he had used foresight and was aware of the danger to others from his actions. Then he would be more accessible to the overall consequences. At the most this was an act of recklessness but as the offence which occurred was inadvertent it would be considered a Caldwell type of recklessness as it was objective as opposed to subjective. Chris merely failed to consider an obvious risk but the act was not malicious. In court the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that the offence was a virtual certainty (barring some unforeseen intervention) as a result of the defendant’s actions and that the defendant appreciated that such was the case. Chris was intoxicated and his mind would obviously been distorted. The potent mix of alcohol and cannabis would have been a lethal cocktail resulting in the poor vision which he
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
b. What medium would you use to reach each of these parties and what would your relative resource allocation be to each?
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
As a member of management Clive Jenkins is responsible for boosting employee morale to ensure that company goals are met
1. Write a client outcome to help Mrs. Ross resolve the symptoms (i.e., defining characteristics). Refer to Section III (beginning on p. 119) of the Ackley and Ladwig text.
The court deciphering between criminal negligence and recklessness. Criminal negligence being a person failing to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
IgG – funtions in neutralizing, opsonation, compliment activation, antibody dependent cell-mediated cytocity, neonatal immunity, and feedback inhibition of B-cells and found in the blood.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work.
Please answer the questions posed at the end of each case study in essay form. Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.
Functional magnetic resonance imaging (fMRI) technology would be best reveal the location and extent of damage to Tim’s brain produced by his
Mr. Hugh Tudor (55 yrs) is a well-known person in Milville, where he has been living for 30 years. He is involved in lot of social activities and has a reasonable pension and savings. He is becoming restless in his retirement and shows interest in investing in The Leeds Livery, local British pub in Milville, which could provide him with more challenges. While discussing this matter with his friend, he found out that the pub has great potential to perform well as it once exceeded the profit percentage of the industry. Mr. Tudor is in the process of exploring this opportunity but still has several questions rising in his mind.
6. If the company decides to go ahead with the targeted stock issue, what specific provisions or features should the stock include to ensure maximum value creation? How closely would you model USX’s targeted stock on GM’s alphabet stock?
a. What risk-free rate and risk premium did you use to calculate the cost of equity?
In this assignment I will be exploring the ways in which Internal and external factors have an impact on the core revenues of Clubs and how clubs themselves can potentially help put the factors in their favour. Topics such as Fans and their behaviour and Player conduct on and off the pitch will be explored. Things that can occur which clubs have little or no power over – such as a major political shift – which can affect a clubs income will also be covered.