Asbestos and the law

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  • James Hardie's Case: Case Study

    Question 1 The article illustrates how the High Court handled James Hardie’s case, focusing on the legal issues of misleading statement, director’s duties as well as issues regarding continuous disclosure. These issues will be explained with supporting case examples and relevant legal principles. Misleading or deceptive statements “… James Hardie non-executive directors breached Corporate Law by making a misleading statement…” A misleading or deceptive statement can be described as intentional or negligent misrepresentation about the truth . “A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive” (Section…

    Words: 1147 - Pages: 5
  • Essay On Mesothelioma

    the Mahoning County. This disease is most commonly caused from asbestos exposure. Asbestos is a natural occurring mineral silicate that was commonly used for insulating and fireproofing. Asbestos easily breaks down into very small dust-like fibers, which can be easily inhaled into person’s lungs. Once asbestos is inhaled it can yield many health hazards, including mesothelioma (Roberts, Patsios, Paul, Deperrot, Teel, Bayanati, & Johnston, 2013). Mesothelioma is diagnosed when a person has…

    Words: 2323 - Pages: 10
  • James Hardie Case

    5. What issues were in question? What point of view did the group/individual have on these issues? It was questioned to the James Hardie’s attempt to cut their links with asbestos by awarding so-called “exemplary” damages. It illustrated a great deal of disregard for a plaintiff’s rights for a defendant to put itself in a position where it cannot satisfy a plaintiff’s appropriate claim for compensation. When a 1.5 billion shortfall in the 2001 trust was exposed in 2003, James Hardie said it…

    Words: 736 - Pages: 3
  • Duty Of Care In The Case Of G Shepherd V.

    which says that asbestos insulation had been fully removed from the property on previous year. The other issue is about the solicitor, David, whether he should bear a part of obligation in the loss as he is a solicitor who should be fully responsible for dealing with related matters across the whole spectrum of property. These issues are based on Hedley Byrne v Heller , which is also the first case that recognizing the possibility of recovering damages for the consequence of negligent by…

    Words: 1455 - Pages: 6
  • Case Study: Reserve Mining V. EPA

    use of asbestos. This essay will summarize the trail process and add a simple insight on the trail harvest for each case. This essay will also add scholars analysis discussion of trail procedure and the agency decision -making process over each case. Reserve Mining v. EPA case, which its federal litigation…

    Words: 1631 - Pages: 7
  • Case Study: Metro-North Duty To Protect Its Employees

    Metro-North Duty to Protect its Employees The end of 1970 the identification of asbestos on a person’s health was confirmed by the OSH Act (Markowitz, & Rosner, 2016). Companies, as well as building owners, are required to understand any building structure erected before the 1980’s (Hetzner, Heid, & Gruber, 2015). The owner of a commercial building should notify any business renting their building that there is an asbestos risk or if the building tested positive for asbestos. On the…

    Words: 1371 - Pages: 6
  • Shipbreaking: Impact Of Scrapping And Pollution

    Scrapping and pollution. Despite shipbreaking being a profitable industry there are a number of environmental and human health hazards. A brief review in numbers shows that scrapped ships have an unlabeled weight of between 5,000 and 40,000 tons, 95% of which is steel, coated with between 10 and 100 tons of paint containing lead, cadmium, organotins, arsenic, zinc and chromium. Ships also contain a wide range of other hazardous wastes, sealants containing PCBs, up to 7.5 tons of various types…

    Words: 1083 - Pages: 5
  • Richard Dickey Scruggs Research Paper

    Richard Dickey Scruggs is a famed Mississippi tort lawyer, who was born on May 17, 1946, grew up in Pascagoula, Mississippi. He was raised by his mother, because his father left the family when Scruggs was five years old. His mother worked as a legal secretary at the Ingalls shipyard. Dickie is known for tobacco and asbestos case and amassed more than 1 billion in judgments against various companies. According Joseph B. Treaster, Scruggs became one of the richest America lawyers, by forcing…

    Words: 435 - Pages: 2
  • Case Study: Monsoon (Films) Ltd.

    1. When a company is used as sham or façade. The company was incorporated and used as a “mask” to conceal the real purpose of the company controller. Incorporation is always been used as a device to circumvent the law of the hide the true side of affairs from the court (Woon, 1988). In the case of Re FG (Films) Ltd, a film called “Monsoon” was made by FG Films. This company had registered office but does not have premises and employees. All the facilities and the finance were provided by an…

    Words: 738 - Pages: 3
  • Environmental Level Influence

    and giving warning in case of fire, the provision of means of escape, means of fighting fire, and the training of Staff in fire safety. 9 Control of Substances Hazardous to Health Regulations (COSHH) 2002 any work involving hazardous substances (solvents, paints, adhesives, cleaners and dust) in workplaces of all types 10 Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 dealing with hazardous substances like petrol, LPG, paints, cleaners, solvents, flammable gases and…

    Words: 1386 - Pages: 6
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