Negligence: Breach of Duty: Assured Clear Distance Ahead Doctrine
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چکیده
منابع مشابه
Participatory Liability for Breach of Trust or Fiduciary Duty
Confusion surrounds the equitable liability of a third party to a trust or fiduciary relationship who participates in a breach of the trust or fiduciary duty, but without necessarily receiving trust property.1 Compounding this confusion is the absence of consensus in courts that share a common Chancery law heritage. Notably, the English courts, including the Privy Council within that term, and ...
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Stephen D. Rosenberg, Esq. is a partner in the McCormack Firm, a Boston litigation firm, where he heads the firm’s ERISA Practice Group. He has extensive experience in ERISA litigation, including breach of fiduciary duty cases and class actions, as well as in commercial litigation and arbitration, insurance coverage and bad faith, and intellectual property disputes. He publishes a blog at www.b...
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knowing of formation of a legal rule is an efficient way to recognizing and assessing of that rule. anticipatory breach doctrine became apparent in common law when the court in hochster versus de la tour case (1980), hold that a party could breach an executor contract prior to the performance date and injured party entitle to sue at once. before it, courts had made a negative answer to this mat...
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The question of when a duty of care in the tort of negligence is owed by one person to another is a question about relationships and responsibility as recognised by the law. It is important that people should know what the law is and also that the law be flexible enough to change in the interests of justice. In negligence, the duty of care is usually the arena in which the battle between flexib...
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The past eighteen months have witnessed a remarkable surge of popular interest in climate change and its impact. Sensitized by the devastation of Hurricane Katrina in New Orleans and the heavy hurricane season through the Gulf states, the public has gained a newfound appreciation for the remote-sounding predictions that global warming may increase severe storm activity. Timing is everything, an...
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 1956
ISSN: 0026-2234
DOI: 10.2307/1285419