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Bradshaw v. Rallings
The college could have better protected itself from potential liability in situations involving student activities and the consumption of alcohol. The college had a written policy about alcohol consumption, which, at least according to the court's analysis, was the one thing that may have helped establish some type of duty. Because the law already prohibits underage people from imbibing and criminalizes driving under the influence of alcohol. The college does not have to make an official policy telling its students that they are required to comply with the existing criminal law. If the college undertook a duty to try to supervise unofficial student functions, it would actually probably lead to an increase in liability, because it would be acting in an official supervisory role. Moreover, though the Court was careful to distinguish between the duties owed by hosts and by commercial enterprises, it would be unreasonable to expect a college, which is a for-profit institution, to which students have paid money, to be treated like a host in tort law. Therefore, the college should ensure that it does not offer alcohol to minors at official college functions, and should refuse to serve alcohol to any person whom it suspects is intoxicated.
2. The outcome of the case may have differed if the picnic had occurred in a different location. It is not the location that is necessarily important, but who was providing the alcohol at the party. This would be more certain if the college's handbook did not mention an alcohol policy; the presence of an alcohol policy helps establish a duty. However, because college handbooks generally mention an alcohol policy, the fact that something occurs on campus or at an official campus-related location, such as a fraternity house, implies that it occurs under the college's supervision, thereby subjecting the university to liability. Some colleges have severed all ties with fraternity/sorority organizations, thereby eliminating liability for things such as hazing. This process is legally and educationally advisable, because colleges can exercise only limited real control over fraternities and sororities, so that they take on almost unfettered liability with the fraternity system.
Tort Law Case Questions for Barney Barney, how long have you known the plaintiff? Have you lived next door to each other the entire time you have known one another? How would you describe your relationship with the plaintiff? Has it been consistently the same over the years, or has it changed? Would you characterize it as friendly, perhaps even as a friendship or a close friendship? Have you and the plaintiff every had
Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them. There are three types of
Tort Law and Trident Diving Company An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving Equipment. In this instance, the item has the propensity to cause drowning in those who use it even when properly installed. Trident has received one report of the hose leaking. No injuries have been reported due to the use of this product,
" The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind
Tort Law The tort actions in this case would be the glass in the food that started the event in the first place. The other waiter caused a tort action when he spun into Anna's waiter causing him to be burned with the flaming dish. Anna's waiter would have caused another tort action by throwing the flaming apron and causing a table cloth to be caught on fire as well. This
There are many in this case that should be taken to court in different capacities as liable parties. The school should be considered liable from the standpoint of not having the school grounds locked down during periods of time when the school is closed or they should have someone patrolling the grounds. The school is also responsible for checking the workmanship of the playground equipment and seeing if it is