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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…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.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…
- 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 the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that: 1) Dreyer had permission to drive the government's car, but was off duty at the time of the accident. 2) Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened. 3) Zankel was contributorily negligent, relieving both Dreyer and the government of liability. 4) Dreyer was following all of the applicable traffic laws at the time of the accident.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”…
- Akhil drives a taxi without a license. Unaware of this, some passengers hired his services. Unfortunately, the taxi collides against a lorry, which is parked by the side of the road and the passengers get injured. In view of this illustration, discuss the following:Questions:A. Whether Akhil is guilty of breach of duty. Identify the nature of his act.B. Meaning and nature of a Tort.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.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?
- A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).] explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.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…