Tort Case "A Tort Is Term Paper

PAGES
2
WORDS
571
Cite

In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it. Elderly Lady v. Italian Restaurant

Negligence

Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he could to be careful, but whether the defendant's conduct was that of a hypothetical reasonably prudent person placed in the same or similar circumstances (Kionka, 2006). In this case because there was only a revolving door the patrons were not able to get out of the restaurant in the fire emergency. The Italian Restaurant would be guilty of negligence in regards to the elderly lady who was injured as patrons tried to escape.

...

Surgeon
Malpractice

The standard of care of medical doctors is decisively established by the usual or customary practice of reasonably well qualified practitioners in that field. Physicians or others, who are certified specialists, are held to the standards of that specialty (Kionka, 2006). In this case the surgeon who would be considered a specialist would be held to a higher standard of care. A patient in a hospital expects to be treated with the utmost care. Since Anna had expected surgery on her mouth and tooth but yet received an amputated leg, surgeon would be guilty of malpractice negligence.

Sources Used in Documents:

References

Kionka, Edward J. (2006). Torts. St. Paul: Thomson/West.

Tort. (2011). Retrieved January 30, 2011, from the Lectric Law Library Web site:

http://www.lectlaw.com/def2/t032.htm


Cite this Document:

"Tort Case A Tort Is" (2011, January 30) Retrieved April 25, 2024, from
https://www.paperdue.com/essay/tort-case-a-tort-is-5195

"Tort Case A Tort Is" 30 January 2011. Web.25 April. 2024. <
https://www.paperdue.com/essay/tort-case-a-tort-is-5195>

"Tort Case A Tort Is", 30 January 2011, Accessed.25 April. 2024,
https://www.paperdue.com/essay/tort-case-a-tort-is-5195

Related Documents

Some legislators believe that such suits encourage companies to ensure that there products are safe. Other law makers, however, believe that such suits are excessive and can prevent companies from being able to recover. Another form of tort reform that as been suggested is known as "loser pays. This type of legislation is based on the English Rule (Protecting Firestone and Ford Federal Tort Reform). This particular proposal would force

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 in 1996, the
PAGES 2 WORDS 969

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

Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or

Tort Reform
PAGES 4 WORDS 1421

Tort Reform President Bush came into the White House with a history as a 'tort reformer.' True to his record, the President backed a 'tort reform' bill last year that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen

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