1) Define a Mistake from a legal standpoint. Identify the various mistakes in law and discuss each 1. Common Mistakes 2. Mutual Mistakes, and 3. Unilateral Mistakes.
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1) Define a Mistake from a legal standpoint.
Identify the various mistakes in law and discuss each
-
1. Common Mistakes
-
2. Mutual Mistakes, and
-
3. Unilateral Mistakes.
2) There are three necessary ingredients required to be proven before an innocent party can claim for damages for breach of contract. Please identify and discuss each?
3) In criminal law there are two elements that need to be established for a person to be convicted, namely Actus Reus and Men Rea. Please discuss both elements.
4) Lord Atkins in Donoghue v Stevenson made the famous pronouncement on the duty concept within the framework of the neighbour principle and mandated that one should take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure one’s neighbour. Please critically discuss this case and the concept of duty of care.
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- You may have seen the very popular Broadway show or movie Les Misérables, based on Victor Hugo’s epic nineteenthcentury French novel of the same name. The main character, Jean Valjean, steals a loaf of bread to feed his sister’sstarving family and is arrested and sent to prison. If we apply conventional reasoning and principles of law to his crime,Valjean genuinely is guilty as charged and we do not need to consider any extenuating circumstances. However, in aKantian ethical framework, we would take into account Valjean’s motives as well as his duty to treat his sister’s family asends in themselves who deserve to live. Valjean’s fate demonstrates what might occur when there is a gap between thelegal and the moral. Clearly, Valjean broke the law by stealing the bread. However, he acted morally by correcting awrong and possibly saving human lives. According to Kantian ethics, Valjean may have been ethical in stealing bread forhis family, particularly because the action was grounded in…Which health care fraud acts or statutes apply to the following case: False Claims Act -1986, Anti-Kickback Statute -1987, Ethics in Patient Referral Act-1989 or HIPPA-1989 Physician Dr. Vijesh Patel and his office manager and wife Laju Patel, both of Port Neches, Texas, have agreed to pay $422,789 to resolve false claims allegations involving New Jersey, Texas and South Carolina Laboratories. The Department of Justice, in a press release, said that the couple received remuneration in return for referring patients for laboratory testing. Additionally, both have “agreed to cooperate with DOJ’s investigations of, and litigation against, other participants in the alleged schemes,” the press release added. In the Dec. 14 settlement, the DOJ listed the three laboratories where the couple sent referrals. Dr. Patel allegedly received thousands of dollars in payments from December 2016 to July 2018, “from Indus MG LLC, a purported management service organization, in return for ordering…In criminal law there are two elements that need to be established for a person to be convicted, namely Actus Reus and Men Rea. Please discuss both elements.4) Lord Atkins in Donoghue v Stevenson made the famous pronouncement on the duty concept within the framework of the neighbour principle and mandated that one should take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure one’s neighbour. Please critically discuss this case and the concept of duty of care.
- Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…Is the job exempt or non-exempt under the (FLSA)? Why or why not?Case 1.Harry Phipps, Senior Professional Sales RepresentativeHarry Phipps was employed by K & K Pharmaceutical Company as a senior professional salesrepresentative. Phipps’ position required him to travel across doctors’ offices and hospitals where hepromoted the benefit of K & K’s drug, Provita, to the prescribing doctors. K & K used this method in thehope that when doctors realized the benefit of Provita, they would prescribe the drug for their patients.By law, Phipps could not sell the drug directly to doctors. The company provided Phipps with a list oftarget doctors, and he was expected to complete ten visits per day, and each doctor had to be visited atleast once a quarter. K & K left the itinerary and method of achieving the targets up to Phipps. However,they did provide Phipps with a budget for the visits. He was also given pre-approved visual aids and hadreceived training in basic “marketing”…Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…
- Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…Purell Magazine Construction Fraud The Purell Magazine Construction Fraud case involves James Small, a facilities supervisor at Purell Magazine and Publishing House, who engaged in a sophisticated scheme of occupational fraud. Small was responsible for overseeing the painting operations as part of the company's conversion of its plant in Oakville, Ontario, into an office complex. This massive renovation project involved constructing an auditorium identical to one in the company's European offices. Small's fraudulent activities came to light when the vice president of administrative services, Richard Green, noticed forgeries in a stack of invoices related to the auditorium construction project. An initial investigation revealed that all the forgeries were in the painting division, with a budget of approximately $800,000 a year. Small, who earned about $30,000 a year, had been the only person overseeing the painting operations. Small's fraud scheme involved creating false invoices for…
- Criminal liability requires both a bad act (actus reus) and a guilty mind (mens rea). Group startsTrue or False True, unselectedFalse, unselectedPebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare…Drew is an officer of Energy Fuel, Inc. Drew knows that an Energy engineer recently developed a new, inexpensive method for converting hydrogen into fuel. Drew takes advantage of this information to buy Energy stock from Gert and, after the discovery is announced, to sell the stock to Holly at a profit. Gert claims that this is a violation of federal law. Is Gert correct? If so, what federal law has Drew violated, and what are its possible penalties?
