Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 5CO
Summary Introduction
To discuss: The constitutional amendments that has an effect on the criminal procedure.
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Substantive law defines and creates legal rights and obligations in such matters as real property, torts, crimes, family, and others.
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describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court system
Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.
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Smith and Roberson’s Business Law
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- 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.arrow_forwardAkhil 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.arrow_forwardPlease explain when and how criminal liability is imposed.arrow_forward
- The torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.arrow_forwardDefine and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages?arrow_forwardElaborate on the Promotion of Administrative Justice Act 3 of 2000, right to just administrative action.arrow_forward
- Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.arrow_forwardMichelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.arrow_forwardWhat is the liability of the managers or owners of the establishment for the negligent act of their employees. What is an obligation under article 1156 of the civil code.arrow_forward
- a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifestedarrow_forwardWhat facts, in the scenario above, can be used to prove the tort? Please explain with who, what, where, when, why and howarrow_forwardA crime is a wrong that arises from a violation of a public duty, whereas a tort :arrow_forward
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