Cable thieves have been busy with attempts to steal electrical cables overnight on the outskirts of Tshwane. As a result of their illegal activities, a live electrical cable is hanging low over a public road. While driving towards his workplace, Mr Ngwenya, who lives on a smallholding outside Tshwane, sees the low-hanging cable. As a concerned and responsible citizen, Mr Ngwenya immediately reports it to ESKOM, explaining to the ESKOM officials that the low-hanging cable is creating an extremely hazardous situation. However, ESKOM does nothing to eliminate the danger. Late that afternoon, Mr Naidoo, a physically fit man, but with poor eyesight, jogs along the road. His head hits the low-hanging electrical cable, and he sustains severe injuries. Mr Naidoo wishes to institute a delictual action against ESKOM.

Write an opinion, properly substantiated with reference to case law, only on the wrongfulness of the conduct of the ESKOM official

Assumption of risk is a(n) affirmative defense. option (D)

Assumption of risk is an affirmative defense in tort law that can be raised by a defendant to escape liability for injuries suffered by the plaintiff. The defense is based on the idea that the plaintiff knew of the risks involved in an activity and voluntarily assumed those risks, and therefore cannot hold the defendant responsible for any resulting injuries.

To successfully invoke the defense of assumption of risk, the defendant must show that the plaintiff had knowledge of the risks involved in the activity, voluntarily participated in the activity despite the risks and that the plaintiff's injuries were caused by those risks. This defense is often raised in cases involving sports or recreational activities, where participants assume certain inherent risks.

Therefore, option (d) affirmative is the correct choice to describe the assumption of risk as a defense in tort law.

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When an amendment relates back, it means that a revised legal pleading is treated as if it were filed at the same time as the original pleading. This is significant because it affects the statute of limitations and other time-sensitive aspects of a case.

For example, if a plaintiff files a complaint that includes a claim that is later found to be deficient, the plaintiff may seek to leave to amend the complaint to correct the deficiency.

If the court grants the motion to amend and allows the amended complaint to relate back to the original filing date, the plaintiff will avoid being time-barred by the statute of limitations.

The doctrine of relation back is governed by rules of civil procedure and varies by jurisdiction. Generally, an amendment may relate back if it arises from the same transaction or occurrence as the original claim and if the defendant had notice of the claim within the applicable statute of limitations period.

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Intentional physical contact without consent may constitute a) battery. Battery occurs when there is unlawful and intentional physical contact with another person without their consent.

It can be a punch, a slap, or any form of physical contact that results in injury or harm to the other person. Assault, on the other hand, is the intentional threat or attempt to cause physical harm to another person. It is the fear of harm rather than the actual harm itself.

Defamation, duress, and false imprisonment do not involve physical contact, but rather involve harm caused by words, coercion, or confinement, respectively.

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Option (d), The disenchantment of many employees with their unions, corrupt union leadership, and the belief among union members that the costs of participation exceed the benefits all contribute to the drop in union membership.

At its peak in the 1950s, around one-third of private sector employment was unionized; now, that number is barely over 6%. Technical development, company concentration, and globalization are frequently cited as the main causes of weakening union authority and an improvement in employers' bargaining position relative to workers.

Collective bargaining is a process wherein employees and employers negotiate contracts to specify terms of employment such as compensation, benefits, working conditions, hours, leave, workplace health and safety standards, ways to balance work and family duties, and more.

Technical development, company concentration, and globalization are frequently cited as the main causes of weakening union authority and an improvement in employers' bargaining position relative to workers.

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The complete question is:

The decline in union membership can be attributed to:

a. many workers have become disenfranchised with their unions.

b. corrupt union leadership.

c. union members' perception that cost of membership outweighs the benefits.

d. All of these are correct.

The Wagner Act made certain anti-union actions by management unfair labour practices to protect workers' rights to form and join unions, engage in collective bargaining, and participate in other union activities.

The correct option is C.

The National Labor Relations Act (NLRA), also known as the Wagner Act, is a federal law that was enacted in 1935. The act created the National Labor Relations Board (NLRB), responsible for enforcing the law and resolving disputes between employers and unions.

The Wagner Act also provides for the right of employees to engage in strikes, picketing, and other forms of collective action, as long as these activities are peaceful and do not involve violence or coercion. Additionally, the act prohibits employers from establishing company unions, which are unions controlled by management and not independent organizations representing the interests of workers.

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The statement "If there is a reference to a third party to determine a dispute, in most cases the decision is binding" is true because when parties agree to refer a dispute to a third party for resolution, they are essentially entering into a contract with that third party to be bound by their decision.

This is often done through a process called arbitration, where the parties agree to have a neutral third party make a binding decision based on the evidence presented to them.

In some cases, the decision of the third party can be challenged or appealed, but this is usually only allowed in limited circumstances, such as where there was a procedural error or bias on the part of the third party.

Overall, the use of third-party dispute resolution mechanisms can be a useful way for parties to resolve disputes without the need for lengthy and expensive litigation.

However, it is important for parties to carefully consider the terms of any such agreement and ensure that they are comfortable with the potential outcome before agreeing to refer their dispute to a third party.

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The Sarbanes-Oxley Act, passed in 2002 in response to corporate accounting scandals, increased the maximum jail sentence for fraudulent reporting to 20 years.

The law was named after its sponsors, Senator Paul Sarbanes and Representative Michael Oxley, and aimed to restore public trust in the financial reporting of publicly traded companies. Among its provisions, the act established stricter accounting and auditing standards, required companies to disclose any material financial information, and created the Public Company Accounting Oversight Board to oversee accounting firms. Failure to comply with these regulations can result in severe penalties, including hefty fines and lengthy prison sentences.

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Larry has committed two separate crimes: burglary and arson.

Burglary is a crime that involves the unlawful entry into a building or other structure with the intent to commit a felony or theft. In this case, Larry entered the local pharmacy unlawfully with the intent to steal controlled substances, which is a felony. Therefore, he has committed the crime of burglary.

Arson is a separate crime that involves the willful and malicious burning of someone else's property. In this case, Larry set fire to the building in an attempt to cover up his burglary. By doing so, he not only caused damage to the pharmacy building, but he also put people's lives in danger. Therefore, he has committed the crime of arson.

Larry may face separate charges for each of these crimes, and the penalties for burglary and arson can be significant, including fines, imprisonment, and other consequences.

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Equality before the law is the second element of the rule of law, which is a fundamental principle of democratic societies. It means that every person, regardless of their status, wealth, race, gender, or any other personal characteristic, is equal in the eyes of the law.

In other words, the law applies equally to all individuals and no one is above the law. This principle ensures that everyone is entitled to the same legal protections and freedoms and that no one is discriminated against or mistreated by the legal system.

Equality before the law is essential for maintaining the integrity and legitimacy of the legal system. It helps to build public trust in the legal system and ensures that justice is administered fairly and impartially. When the law is applied equally, people can have confidence that their rights will be protected and that justice will be served.

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Report of traffic accidents occurring in California SR 1 is California State University Maritime Academy's "SR-1 Form" for reporting traffic accidents on California State highways used to document any property damage, injuries, or fatalities resulting from the accident.

The California DMV requires that the SR-1 Form be submitted within 10 days of the accident. This requirement applies to all accidents on a California State highway, regardless of who is at fault. If the accident involves injury, death, or property damage over $1,000, it must be reported using the SR-1 Form.

The SR-1 Form is typically completed by the driver involved in the accident or by their insurance company. It requires detailed information about the accident, such as the date, time, and location, as well as all parties' names and contact information.

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Under FRE 702, an expert witness must have specialized knowledge, assist the trier of fact, base their testimony on reliable methods and principles, reliably apply those methods, and base their testimony on sufficient facts or data.

Under FRE 702 (Federal Rules of Evidence), an expert witness must meet five requirements to be admissible. These requirements are as follows:

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In this case, the main crime committed by Alice Alpha is attempted murder.

In this scenario, Alice Alpha pulled out a gun and fired a shot at Benjamin Beta with the intention to kill him, which constitutes attempted murder. Although she only grazed Beta's arm and did not succeed in killing him, her intention and action to kill Beta meet the criteria for attempted murder under criminal law.

Additionally, Alice Alpha's actions resulted in the unintended consequence of killing Gerry Gamma, which could also result in charges of involuntary manslaughter or negligent homicide, depending on the specific jurisdiction's laws and the circumstances of the incident.

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This is true, The accountability for maintenance of employee fitness and security is with all, Employees, Employers, Government.

Explanation: OSHA establishes coaching programs, develops mandatory job protection and fitness standards, and encourages to put in force them.

Safety is the business and responsibility of each worker and can be executed via appropriate education, training, use of protective equipment and by following security rules, regulations, standards, and laws. Each worker is accountable for grasp and practising splendid protection procedures.

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Under the privity of estate, if T1 breaches the terms of the lease agreement with T, L may have the right of re-entry, which would allow L to terminate the lease agreement and regain possession of the property.

A lease agreement is a legal contract between a landlord (lessor) and a tenant (lessee) that sets out the terms and conditions of renting a property. It outlines the responsibilities of both the landlord and the tenant during the lease term.

The right of re-entry is a contractual provision that allows the landlord to terminate the lease and regain possession of the property if the tenant or sub-tenant violates a specific term or condition of the lease agreement.

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The major purpose of tort law is to provide compensation for injured parties by wrongdoers. option (b)

Tort law deals with civil wrongs committed by individuals or entities that result in harm or injury to another person or property. The law aims to provide a means of redress for those who have suffered losses due to the actions of others. Tort law is not concerned with criminal penalties, as it is a separate branch of law.

Additionally, while the principles of equal protection and due process are fundamental to the American legal system, they are not the primary focus of tort law.

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Due to criticism that the proximate cause rule is difficult to understand and apply, some states have replaced it with the: c. substantial factor test

A legal theory known as the proximate cause rule in tort law restricts a defendant's culpability to damages that were reasonably foreseeable as a result of their actions or inactions. However, some states have substituted other standards, including the "substantial factor test," in place of the proximate cause rule due to criticism that it can be challenging to grasp and apply in some situations.

In situations when several circumstances contribute to the injury sustained by a plaintiff, the substantial factor test is a criteria used to establish causation. According to this standard, a defendant may be found accountable if their actions had a significant role in the injury, even if other people or things also played a role. This technique is frequently applied in situations involving complicated or many causes, such as those involving hazardous torts, product responsibility, or environmental contamination.

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T devises property "to my grandchildren who reach 21." T leaves two children and three grandchildren under 21. This is valid.

If a person passes away without making a will, or "intestate," then his or her assets will be distributed in accordance with state statutes that are written and explained therein.

The T leaves a will to my grandchildren when they become 21. It is allocated to people above the age of 21 if there are two children and three grandchildren who are under the age of 21. This criterion fulfills the attributes of will-making based on the law.

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The complete question is probably

T devises property "to my grandchildren who reach 21." T leaves two children and three grandchildren under 21. Is this valid?

Amendments before trial refer to changes that a party to a lawsuit wants to make to their pleading before the trial commences. These amendments may include adding, deleting, or modifying claims or defenses, or correcting errors or omissions in the original pleading.

The time to respond to an amendment before trial depends on the specific rules of the court where the case is being heard. Generally, the opposing party must be given notice of the proposed amendment and an opportunity to respond, either by filing a responsive pleading or by objecting to the amendment. The court may also set a deadline for the parties to file any amendments or objections, and may hold a hearing to consider the proposed amendments and any objections raised by the opposing party.

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When playing soccer, the likelihood of players going for the ball at the same time is high. In the scenario presented, Player A misses the ball and ends up kicking Player B, causing a broken leg. If B sues A for negligence, A's defense will likely be the defense of property.

The defense of property is a defense that allows a person to use reasonable force to protect their property from harm or damage. In this case, Player A may argue that he was trying to protect the ball, which is his property. Since he missed the ball and accidentally kicked Player B, he may argue that he did not intend to harm B and did not act negligently.

The other choices of privilege, consent, and self-defense are not applicable in this scenario. Privilege refers to a legal justification for an action that would otherwise be considered illegal, such as using force to defend oneself. Consent refers to a person voluntarily agreeing to a particular action, which is not relevant in this case. Self-defense refers to the use of force to protect oneself from harm, which is not applicable in this scenario.

In conclusion, the defense of property is the most likely defense that Player A would use if sued by Player B for negligence in this scenario.

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A statement in the employee handbook that the employee or the employer may terminate the relationship at any time, for any reason, with or without cause or notice is called an employment-at-will statement. The correct option is c.

Employment-at-will is a common law doctrine that applies in many states in the United States, including Texas. It means that absent a contract or statutory provision to the contrary, an employer can terminate an employee at any time, for any reason, with or without cause or notice, and an employee can leave their job at any time, for any reason, with or without notice.

The employment-at-will doctrine is often expressed in employee handbooks or other employment policies, and the language described here is a typical example of an employment-at-will statement. Therefore, the correct option is c.

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Of the following injuries, the one that meets the definition of "serious bodily injury" as defined in the Texas Penal Code would be an injury that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily organ.

Serious permanent disfigurement such as severe scarring or the loss of a body part. Impairment of the function of any bodily member or organ such as permanent paralysis or loss of vision in an eye.

It's important to note that the determination of whether an injury meets the definition of "serious bodily injury" is a factual determination that is made on a case-by-case basis, taking into account the specific circumstances of the injury.

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When testifying at trial, the witness for the plaintiff will undergo examination-in-chief by the plaintiff's attorney, and cross-examination by defense counsel.

Examination-in-chief is the initial questioning of a witness by the lawyer who called that witness to testify. During this questioning, the witness provides evidence to support the plaintiff's case.

Cross-examination is the questioning of a witness by the opposing party's lawyer after the witness has completed the examination-in-chief. During cross-examination, the opposing lawyer will ask questions aimed at testing the witness's testimony, challenging the witness's credibility, and undermining the plaintiff's case.

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Answer:

B to prevent citizen from discussing the party policies and rising up against the government

The Party in George Orwell's novel 1984 tries to isolate citizens from each other mainly to prevent them from discussing the Party's policies and rising up against the government. The correct option is B

This is because the Party's ultimate goal is to maintain absolute control over the population and any form of dissent or rebellion is seen as a threat to its power.

Additionally, the Party discourages romantic relationships as they may distract citizens from their loyalty to the Party and potentially create a sense of loyalty towards their partner instead.

Maintaining class separation is also a tactic used by the Party to prevent unity among citizens and maintain the hierarchical structure of society.

The prevention of a deadly pandemic is not a primary reason for the Party's isolation tactics in the novel.

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In Ray Bradbury's Fahrenheit 451, firemen are responsible for starting fires, rather than putting them out.

The novel F451 is set in a dystopian society where books are banned and burned, and firemen are employed to carry out these burnings. The protagonist, Guy Montag, is a fireman who becomes disillusioned with the society he lives in and begins to question the actions of his fellow firemen.

Firemen in F451 are highly trained and well-organized, with their activities supervised by a central authority. They are equipped with a mechanical hound, a robotic device designed to track down and apprehend anyone who is suspected of having books in their possession. The firemen are seen as loyal servants of the state, but Montag's growing dissent exposes the corruption and oppression at the heart of their regime.

In conclusion, firemen in Fahrenheit 451 are not the traditional heroes we are accustomed to, but rather enforcers of a repressive regime that seeks to suppress free thought and expression. Their actions symbolize the dangers of censorship and the importance of intellectual freedom.

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A criminal case differs from a tort case because: c. a criminal case is brought against the alleged wrongdoer by the government.

A criminal case is different from a tort case in that it is filed by a prosecutor on behalf of state or society and contains accusations of misconduct that are seen as crimes against society as a whole. In a criminal case, suspected offender is accused of a crime and, if proven guilty, might be punished with fines, jail time, or other types of punishment. The victim of the crime may testify in the criminal case, but neither they nor the prosecution are the ones who start it.

A tort case, on the other hand, deals with civil wrongs that hurt a person or piece of property, and it is often brought by the victim against the accused perpetrator. In a tort lawsuit, the plaintiff seeks restitution for losses brought on by the defendant's claimed wrongdoing; the victim is compensated rather than the offender is punished. However, In specific event that the tort action is successful, the victim can be compensated.

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Self-defense is considered a legal defense, which means that it allows a person to use force to defend themselves against an imminent threat.

The defense is based on the idea that individuals have the right to protect themselves from harm and that their actions are justified if they are acting in self-defense. In order for self-defense to be a valid defense, the individual must be facing an immediate threat of harm and must use only the amount of force necessary to protect themselves.

This defense is different from "privilege", which refers to a legal exemption from liability, and "consent", which means that a person has given their agreement for an action to take place. "Proximate cause" refers to the event that directly leads to an injury or harm, but is not related to self-defense.

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In most cases, sound violations at mass gatherings are enforced by local law enforcement or code enforcement officers.

These officials are responsible for ensuring that the event organizers comply with local noise ordinances and regulations. They may use sound level meters to measure the decibel levels of the event and issue warnings or citations if necessary.

However, it is important to note that enforcement methods can vary depending on the location and the specific regulations in place. In some cases, event organizers may be required to obtain permits or hire professional sound engineers to ensure that the event stays within acceptable noise levels. Ultimately, the goal is to balance the needs of the event organizers with the rights of nearby residents to enjoy a peaceful and quiet environment.

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The conveyance of "to A for life, then to such of A's children as survive him, but if none of A's children survives him, to B and her heirs" creates a life estate in A with a contingent remainder in A's children.

The remainder is contingent because it is subject to the condition that A's children must survive A in order to take possession of the property.

At the time of the conveyance, A is alive and has two children, C and D. Therefore, C and D both have a contingent remainder in the property. If A dies and either C or D survives him, that child will take possession of the property. If neither C nor D survives A, the property will pass to B and her heirs.

In summary, A has a life estate, and C and D have a contingent remainder in the property. If neither C nor D survive A, the property will pass to B and her heirs.

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Answer:

calculate it by self and know

Answer: There are certain situations where a deposit is required from either buyer or seller. In such cases, you may issue a prepayment invoice, sometimes called a prepaid invoice.

A prepayment invoice is a document used to record advance payments from suppliers or clients. It contains the amount to be prepaid on a sales order and enables you to invoice deposits required from clients or sellers.

Prepayments can be calculated based either on the percentage of the total order or have a fixed amount.

Explanation: