Negligence Essays (Examples)

Filter results by:

 

View Full Essay

Dangerfield Inc A Delaware C Corporation

Words: 3383 Length: 10 Pages Document Type: Essay Paper #: 65288388

Dangerfield and Associate Entities

Upon examining this case, it's clear that the claims made by Hartman are completely legitimate. The claims made by Mitchell are somewhat legitimate. This paper will first examine the basis of the lawsuit waged by Hartman, as the bulk of the valid accusations made are made by this particular plaintiff. The crux of Hartman's lawsuit is based on the claim that Dangerfield was liable for the negligence of its parking attendant along with independent negligence. Hartman then claims that Dangerfield and Sandman were fundamentally liable by association. While these aren't the exact details of why Hartman was suing these connected entities, it does boil down the fundamental reason. The essential element of Hartman's case boils down to primary tort's law. "A person is negligent if he fails to exercise ordinary care to avoid injury to other persons or their property. In other words, he failed to…… [Read More]

References

Best, A. (2007). Basic Tort Law: Cases, Statutes, and Problems. New York: Aspen Publishers.

Carper, D. (2008). Understanding the Law. Mason: Thomson West.

Cornell.edu. (2010). Responsibility in Negligence: Why the Duty of Care is not a Duty "To Try." Retrieved from Cornell.edu:  http://scholarship.law.cornell.edu/facpub/127/ 

Delpo, A. (2009). The Manager's Legal Handbook. Nolo Books.
View Full Essay

Negligent Tort Sportspower Ltd Voluntarily Recalled 23 400

Words: 1805 Length: 5 Pages Document Type: Essay Paper #: 79478988

Negligent Tort

Sportspower Ltd. voluntarily recalled 23,400 trampolines because the metal legs of the trampoline can move out of their correct positions, poke through the trampoline's jumping area and present the risk of injuring the user by possibly "deep, penetrating puncture wounds, cuts and bruises." On the limited facts of the case, some tests to prove negligence would be passed but a court could not decide whether other tests are passed. However, a provision of the Consumer Protection Act covers this situation and might give relief to an injured person.

On November 28, 2012, the U.S. Consumer Product Safety Commission (CPSC) announced the recall of 23,400 trampolines manufactured by Sportspower of Hong Kong and sold exclusively by Sports Authority (U.S. Consumer Product Safety Commission, 2012). The recall was voluntary and was made by Sportspower in conjunction with the CSPC because the metal legs of the trampoline can move out of…… [Read More]

Works Cited

Fischer, J.M. (2008, September 1). The puzzle of the actual injury requirement for damages. Retrieved on January 6, 2013 from digitalcommons.lmu.edu Web site: http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2651&context=llr

Lexisnexis. (2012). Torts capsule summary - Chapter 11. Retrieved on January 6, 2013 from www.lexisnexis.com Web site: http://www.lexisnexis.com/lawschool/study/outlines/html/torts/torts11.htm

Seaquist, G., & Coulter, K. (2012). Business law for managers. San Diego, CA: Bridgeport Education, Inc.

U.S. Consumer Product Safety Commission. (2011, August 12). Consumer Product Safety Act. Retrieved on January 6, 2013 from www.cpsc.gov Web site:  http://www.cpsc.gov/businfo/cpsa.pdf
View Full Essay

Identify the Torts That Will Be the Basis for the Lawsuits and Explain Why

Words: 1203 Length: 4 Pages Document Type: Essay Paper #: 42578894

Florida Negligence Analysis

Legal Claims for Cal

Negligence- Abe

The first claim that Cal can bring is negligence against Abe for causing the accident. Negligence is the failure of an individual to use reasonable care. Under Florida law, negligence has four components that must be met in order for damages to be obtained.

Legal Duty

A plaintiff must prove that the negligent person had a legal duty to use reasonable care in protecting the injured person

Under Florida law, the requirement is that the standard of care is one of a "reasonably prudent person."

Florida also requires that the incident occurs within a foreseeable-zone-of-risk

Here, Abe was driving the car and Cal was the passenger. It was Abe's duty to safely transport Cal without any accidents or incidents.

Breach of Duty

The second requirement is that Cal prove that Abe breached this duty. A breach of duty is failure to…… [Read More]

Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1, 2005)

Restatement (Third) of Torts section 17

Florida Code TITLE XLV TORTS Chapter 768 NEGLIGENCE PART II DAMAGES section 768.73 Punitive damages; limitation.
View Full Essay

Ybarra vs Spangard Case Study

Words: 1405 Length: 4 Pages Document Type: Essay Paper #: 43175112

According to the court's judgment in favor of the plaintiff, no further evidence as to the source of the muscle atrophy in his shoulder and arm, because "the thing itself speaks" when all three components of res ipsa loquitur are satisfied, as they were in the case of Ybarra vs. Spangard. The plaintiff's claim for negligence against his doctors was ultimately successful because (1) arm injuries do not ordinarily occur in an appendectomy operation absent negligent action by the physicians, surgeons, or nurses in attendance during the procedure, (2) the injuries were caused by an agency or instrumentality within the exclusive control of the defendant, as the plaintiff was rendered unconscious during the surgery's preparation period, and (3) the plaintiff never volunteered or submitted to the possibility of her arm being injured when they elected to undergo a surgery in their abdominal region. One of the most interesting aspects of…… [Read More]

References

Aspen Publishers (Ed.). (2006). Torts: Keyed to Courses Using Franklin, Rabin, and Greens Tort Law and Alternatives. Pg. 22, Aspen Publishers Online. Retrieved from http://books.google.com/books?id=9SXQTVq5duQC&pg=PA22&dq=ybarra+v.+spangar d&as_brr=3&ei=yMGBS7bpIKGEzQTLjpnoBQ&cd=9#v=onepage&q=ybarra%20v.%2 0 spangard&f=false

Ghiardi, J.D. (1955). Res Ipsa Loquitur in Wisconsin. Marq. L. Rev., 39, 361. Retrieved from http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=3073&context=mulr

Hetcher, S. (2013). The Immorality Of Strict Liability In Copyright. Marq. Intell. Prop. L. Rev., 17, 1-143. Retrieved from http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1197&context=iplr&sei-redir=1&referer=http%3A%2F%2Fscholar.google.com%2Fscholar%3Fas_ylo%3D2009%26q%3Dybarra%2Bspangard%26hl%3Den%26as_sdt%3D0%2C3#search=%22ybarra%20spangard%22

Louisell, D.W., & Williams, H. (1960). Res Ipsa Loquitur -- Its Future in Medical Malpractice Cases. California Law Review, 48(2), 252-270. Retrieved from http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3167&context=californial awreview
View Full Essay

Physician-Patient and Hospital-Patient Relationships the Importance of

Words: 1160 Length: 3 Pages Document Type: Essay Paper #: 14989507

Physician-Patient and Hospital-Patient elationships

The importance of the physician-patient and hospital-patient relationships

There exists a quite recommendable potential in the alliance between a patient and a physician. A patient, who puts trust in the care of a physician, establishes moral responsibilities that are weighty and definite. When the patient and the physician work together, the possibility of pursuing intervention comes into place, and the health and quality life of the patient is bound to improve. Trust is very essential and critical in the bond between the patient and the physician in the process of diagnosis and therapy.

How contract principle and breach of warranty apply to the health care setting

In the healthcare setting, legal responsibilities to break discretion may result in difficult choices. The physician has the ethical responsibility of following the law but must know how to scale this with the responsibility to the patient. It is very…… [Read More]

References

Giesen, D. (2008). International medical malpractice law: A comparative law study of civil liability arising from medical care. Tu-bingen: J.C.B. Mohr.

Lemmens, T. (2006). Law and ethics in biomedical research: Regulation, conflict of interest, and liability. Toronto [u.a.: Univ. Of Toronto Press.

Mengel, B., Holleman, L., & Fields, A. (2007). Fundamentals of clinical practice. New York: Kluwer Academic/Plenum Publishers.

Miller, R.D. (2006). Problems in health care law. Sudbury (Mass.: Jones and Bartlett.
View Full Essay

Bed -Profit Health Care Organization a Detailed

Words: 2964 Length: 11 Pages Document Type: Essay Paper #: 10350438

Bed -Profit Health Care Organization

A detailed organizational chart for your new facility

Each and every department of the hospital is responsible for performing certain type of assigned tasks but still departments are grouped together according to the similarity of tasks. Grouping of the departments also aim to provide health care facility with more efficiency. For this hospital the following are the organizational policies:

Services related to administration; which includes business people who are involved in the running of the business.

Informational services; which includes documentation and processing of information.

Therapeutic service; under which treatment is provided to the customers.

Diagnostic Services; these are the services under which the illness is identified.

Support services; these can also be referred as environmental services, which provide support to the entire hospital.

A mission, vision, and values statement for the new entity

The aim of this Healthcare facility is to provide their people…… [Read More]

References

Bill & Melinda Gates Foundation. (2008). Referral Hospitals: Vital Services, not Disease Palaces. Disease Control Priorities Project.

Esquire, M.A. et al. (2011). Hospital/Physician Integration: Three Key Models. The American Health Lawyers Association.

Miller, P.B. et al. (2013). Legal Regulation of the Physician -- Patient Relationship. Royal College of Physicians and Surgeons of Canada.

Freedman, M.D. (2007). Peer Review: Best Practices for Enhancing Quality. AllMed Healthcare Management.
View Full Essay

Physicians Must Possess Proper Licensing and Go

Words: 1487 Length: 4 Pages Document Type: Essay Paper #: 47500053

Physicians must possess proper licensing and go through a myriad of processes in order to qualify to practice medicine. The state of California as it pertains to physicians does not have a specific language within its state statute, neither its administrative regulations. This means that physicians have some leeway when registering and licensing. Due to the nature of statutes of California, certain physicians have been known to conduct shady business within the borders of this popular state. One such case is Milos Klvana who demonstrated what should not be done while practicing medicine.

In order to report doctors like Milos Klvana, patients/consumers must undergo a series of actions. These actions will aid in gathering evidence of malpractice, present the problem of the patient, reimburse patient for medical expenses, and produce charges against the suspected physician. Typically, a patient must make a complaint concerning a physician to the Medical Board of…… [Read More]

References

Center for Telehealth and E-Health Law (2010). CALIFORNIA PHYSICIAN LICENSURE STATUTE Business and Professions Code Division 2. Healing Arts Chapter 5. Medicine Article 3. License Required and Exemptions. Retrieved from http://ctel.org/annotated_states/California_Annotated__%20(2579579_1).PDF

Glasner, K.J. (2007). Risk Management for Medical Doctors. Retrieved from  http://glasnerqc.tripod.com/rskmgdr.html 

Miller, Johnson, Snell & Cummiskey, P.L.C. (2004). Criminal Liability For Health Care Providers Who Practice While Under The Influence - Publications - Miller Johnson. Retrieved from http://www.millerjohnson.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=1282

Monico, E., Kulkarni, R., Calise, A., & Calabro, J. (2013). The Criminal Prosecution of Medical Negligence. The Internet Journal of Law, Healthcare, and Ethics, 5(1), 1-7. Retrieved from  http://ispub.com/IJLHE/5/1/5237
View Full Essay

Fault An Alternative to the Current Tort-Based

Words: 30263 Length: 70 Pages Document Type: Essay Paper #: 86754711

Fault: An Alternative to the Current Tort-Based System in England and Wales

The United Kingdom

statistics regarding claims

THE NATIONAL HEALTH SYSTEM

OBSTACLES TO DUE PROCESS

THE CASE FOR REFORM

THE REGULATORY ENVIRONMENT

THE RISING COST OF LITIGATION

LORD WOOLF'S REFORMS

MORE COST CONTROLS

THE UNITED STATES

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

STATISTICS FOR ERROR, INJURY AND DEATH

THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN

THE UNITED STATES SITUATION, IN SUMMARY

NEW ZEALAND CASE STUDIES

THE SWEDISH SCHEME

COMPARISON: WHICH SYSTEM IS BETTER?

FIRST: UNDERLYING DIFFERENCES

TALKING TORT: AMERICAN PECULIARITIES

AMERICANS CONSIDER NO-FAULT

BRITAIN CONSIDERS NO-FAULT

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]

View Full Essay

Mooting Assessment Problem Solving

Words: 1594 Length: 4 Pages Document Type: Essay Paper #: 86142532

Junior Appellant

The term (c) "The University accepts no liability in negligence for property damage suffered by students on University premises" is reasonable under UCTA 11(1)[footnoteRef:1] because it was a term to hold all parties accountable in cases of damage due to negligence. Each party would be required to exercise reasonable care in performance of the contract[footnoteRef:2]. This does not relieve the university from liability in case of negligence of its own making[footnoteRef:3]. The university would still be held responsible for liability if damaged is caused because of the university's negligence in not doing repairs as needed or in the act of student property being damaged in the course of doing needed repairs. Or, the university would still be held responsible for not adequately ensuring proper security of the premises. [1: Section 11(1) -- the term shall have been a fair and reasonable one to be included having regard to…… [Read More]

View Full Essay

Wolf v Ford Wolf V Ford

Words: 911 Length: 3 Pages Document Type: Essay Paper #: 45605340

.. pronounce it invalid," which is not the case in the investment contract signed by Wolf. The contract was standard, and gave authority to the broker to invest and manage the original sum of money. Although it could be argued that, given Wolf's expressed desire that the funds be invested conservatively, that the actions of the defendant were not optimal, that does not make it patently offensive to the point that the entire community would consider the contract invalid.

What does the outcome of this case mean for the affected industry? Customers of that industry?

This frees the investment banking industry from the concern that an angry investor will be able to sue a broker or the entire firm if he or she does not like the performance of his or her portfolio. It also means that a wary investor must not invest his or her funds and sign a…… [Read More]

View Full Essay

Nursing Definitions Autonomy in the Nursing Profession

Words: 3242 Length: 10 Pages Document Type: Essay Paper #: 47314806

Nursing Definitions

Autonomy

Autonomy in the nursing profession states the importance of the client's role in making decisions that reflect advocacy for the client (Wade, 1999, p.310). Ultimately, this includes taking care of the patient physically as well as mentally and emotionally, developing a relationship with the patient that is beneficial to his care and actively advocating for the patient's rights and care. This type of autonomy, it is important to note, is not the same as individual or work autonomy, yet it must be considered that empowerment in nursing autonomy will inevitably lead to better professional and personal autonomy and should also lead to increased job satisfaction (Wade, 1999, p.310).

Typical definitions of autonomy would include the idea of complete independence for the person making the decisions. However, in the case of the nursing profession, the client's needs and desires must be heavily weighed and, in fact, become central…… [Read More]

References Cited

Wade, G.H. (1999). Professional nurse autonomy: Concept analysis and application to nursing education. Journal of Advanced Nursing, 30(2), 310-8.

Gaylord, N. & Grace, P. (1995). Nursing advocacy: An ethic of practice. Nursing Ethics, 2(1),

11-18.

White, L. (2004). Foundations of nursing: Second edition. Clifton Park, NY: Delmar Learning.
View Full Essay

Legal Definitions Miranda Rule -- Prohibits the

Words: 2396 Length: 9 Pages Document Type: Essay Paper #: 86148299

Legal Definitions

Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.

Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.

Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…… [Read More]

View Full Essay

Cases on Criminal Neglience

Words: 2656 Length: 4 Pages Document Type: Essay Paper #: 95915588

Biddle v. Commonwealth and Davis v. Commonwealth are two cases that portray different interpretations and application of the law with regards to imputability in criminal law. These cases provide a different view of an individual's responsibility with regards to the level of care or responsibility for a parent than for a child. An analysis of the court ruling in each of these cases helps in understanding the required level of care or responsibility. This is primarily because the court decisions were based on the level of legal duty imposed by law on the parties. Even though the cases are relatively similar, there were differences in the rulings because of the differences in the legal duty of the parties involved.

Overview of the Cases

In Biddle v. Commonwealth, Shirley Mae Biddle was charged with first-degree murder of her baby on the premise that the baby was malnourished, dehydrated and had not…… [Read More]

References

Dripps, D., Boyce, R. & Perkins, R. (2013). Criminal law and procedure: cases and materials (12th ed.). New York, NY: Foundation Press.

Hendel, R.A. (2006). Criminal Law -- Murder -- Proof of Malice. Biddle v. Commonwealth, 206Va 14 (1965). William & Mary Law Review, 7(2), 399-402.

Hobart Community Legal Service Inc. (2013). Negligence and the Duty of Care. Retrieved February 22, 2017, from  http://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care 

Justia -- U.S. Law (n.d.). Davis v. Comm. Retrieved February 22, 2017, from http://law.justia.com/cases/virginia/supreme-court/1985/841043-1.html
View Full Essay

Business Law and Enforcing Contracts

Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401

Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]

References

Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.
View Full Essay

Mooting Assessment a Contract Can

Words: 1440 Length: 4 Pages Document Type: Essay Paper #: 34680722

On the strength of this, the university can argue that it has fully upheld its responsibilities and the terms of the legally binding contract it has signed with Ms Edwards, with full disclosure and with full knowledge by both parties.

Ms Edwards, on the other hand, is planning to breach her own obligations in terms of the contract, even knowing that the institution is a directly affected party, especially in terms of potential damage to the property it owns. She is further in violation of her contract by not planning to notify the university and by planning to gain financially from this breach of contract. Hence, the university could argue for its own legal standing in terms of the contract as opposed to that of Ms Edwards.

Finally, the university can also argue that Ms Edwards already experiences significant financial gain by using the premises of the university. Her weekly…… [Read More]

References

Chapter 11: The Tort of Negligence. Retrieved from: http://fds.oup.com/www.oup.com/pdf/13/9780199289714.pdf

Lawdit. (2011, Apr. 1). The Basics of Contract Explained. Retrieved from: http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/the%20basics%20of%20contract%20Law%20in%20England.htm

Letlink. (2012). Residential Letting & Property Management in the UK. Retrieved from:  http://www.letlink.co.uk/articles/negligence/property-hazards-and-the-landlord-s-duty-of-care.html 

Unfair Contract Terms Act 1977. Retrieved from:  http://www.legislation.gov.uk/ukpga/1977/50
View Full Essay

Neglect Discuss the Elements of a Cause

Words: 772 Length: 2 Pages Document Type: Essay Paper #: 31570645

Neglect

Discuss the elements of a cause of action based on negligence.

Negligence is defined as "the failure to do what a reasonable person would do under the same or similar circumstances." Action that is opposite of what a reasonable person would do in a given situation is neglectful. In order to be held financially or criminally liable for damages caused in an incident, it must be proven that the defendant was the one who caused the damage to the defendant or defendants. Also, it must be proven that the actions of the defendant were such that, had more attention been paid or more care been given, the situation would not have culminated as it did. A clear determination must be made that the actions of the defendant were singularly responsible for the incident and that the situation could not be classified as an unfortunate accident wherein the conclusion was…… [Read More]

Works Cited:

Kubasek, Nancy. Business Law. Boston: McGraw-Hill/Irwin, 2009. Print.
View Full Essay

Agreement With George for the

Words: 850 Length: 3 Pages Document Type: Essay Paper #: 30611523

As he was performing his responsibilities in the course of his employment he would be covered by orkers Compensation statutes

. Under such statutes the question of Clumsy's contributory or comparative negligence would not be at issue as orkers Compensation laws do not concern themselves with either concept. Such statutes are concerned only with providing coverage for workers injured in the scope of their employment and the worker's part in the accident is of little concern.

In the event, however, that orker's Compensation laws do not apply, Clumsy's perceived intoxication would have significant bearing on the negligence issue. The wet floor was likely the cause of Clumsy's fall and, absent Clumsy's apparent intoxication, would have provided Clumsy with a basis for recovery. Unfortunately, however, for Clumsy his intoxication will likely serve to diminish, or completely bar, him from recovery. The application of contributory negligence will require a determination as to…… [Read More]

Workers Compensation Act 1987 (NSW).

Joslyn v. Berryman (2003) HCA 34.

Deborah Lee Ezzy v. The United Church in Australia Property Trust (2007) NSWDC 204.
View Full Essay

Bobby and Rachel Liability There Is Potential

Words: 922 Length: 3 Pages Document Type: Essay Paper #: 59928862

Bobby and achel Liability

There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and potential liability/neglect separately. We will define comparative negligence and discuss its application to the analysis of liability in the scenario. As we shall see further on, there is an inherent contradiction between the cost containment of managed health care and the law, but this does not excuse the gross negligence of the medical staff or reduce the ability of the plaintiff for civil damages.

EMTALA (Emergency Medical Treatment and Active Labor Act) requires almost all hospitals to provide an examination and needed stabilizing treatment, without consideration of insurance coverage or ability to pay, when a patient presents to an emergency room for attention to an emergency medical condition that requires immediate…… [Read More]

References

Daniels, N., & Sabin, J. (1998). The ethics of accountability in managed care reform. Health Affairs, 17(5), 50-64.

Li v. yellow cab co. -- case brief. (n.d.). Retrieved from  http://www.lawnix.com/cases/li-yellow-cab.html .

Rothenberg, K.H. (1989). Who cares?: the evolution of the legal duty to provide.

Houston Law Review, 26(21), 21-76.
View Full Essay

D I G Contracting Fordham University Has Hired D I G

Words: 577 Length: 2 Pages Document Type: Essay Paper #: 55558858

D.I.G. Contracting

Fordham University has hired D.I.G. Contracting LLC for their services to dig a foundation for a new dorm room project. The company rushes to begin work however they do not call the "call before you dig" hotline to ensure that the excavation will not interfere with any of the existing infrastructure that is under ground. However, do to this error a gas line breaks and throws the operator of the excavation equipment on top of Professor Horton.

The case mentions that Professor Horton tries to "catch" the employee who was operating the heavy equipment. I believe this is the key word in the context of the entire case. The fact that Professor Horton had the time to make a conscious decision about whether or not to try to help the propelled operator indicates that he "chose" to try to help this individual. Professor Horton is undoubtedly well aware…… [Read More]

View Full Essay

Justice and Lawful Coexistence Is Not Always

Words: 837 Length: 3 Pages Document Type: Essay Paper #: 98368298

Justice and lawful coexistence is not always easy to understand or comprehend. Abstract laws only gain meaning when applied through real life experience. The purpose of this paper is to examine a specific incident in which a large business is being sued for negligence towards one of its customers. This essay will help add context to bring about a more useful and practical understanding of this aspect of business law.

McDonalds is a very popular restaurant and claims to have served billions upon billions of people. The nature of this business provides cheap and relatively unhealthy foods to customers looking for a quick and easy dining experience. Drive thru windows which allow customers to an even more convenient way of dining are a staple of Mc Donalds and other fast food restaurants. In December of 2010, an incident occurred in Orlando, FL which brought about an interesting law suit examining…… [Read More]

Works Cited

Fastenberg, D. (2012). Fla. customer sues mcdonald's after worker allegeldy unleashes anti-gay rant and assault. AOL.com.12, July 2012. Retrieved from http://jobs.aol.com/articles/2012/07/12/gay-customer-sues-mcdonalds-after-worker- allegedly-unleashes-an/
View Full Essay

Misrepresentation 2010 Duty and Public Notice in

Words: 1951 Length: 6 Pages Document Type: Essay Paper #: 3050058

Misrepresentation, 2010:

Duty and public notice in the UK, PLC

The audited financial statement prepared by Bumble & Co, on behalf of Horizon PLC 'made public' the performance of the corporation: reporting earnings of £10 million. Where published, shareholders and other stakeholders may 'assume' official and final writing according to the Statute of Frauds, which stipulates that public notice of the company's profit and loss constitutes reliability to the shareholders and other stakeholders, and assumes that those parties are in agreement to those activities. Analysis of Horizon, Plc v. Bumble & Co. will be subject to decision based on UK laws on Misrepresentation and unfair commercial practices under the Unfair Commercial Practices Directive 2005/29/EC ("UCPD") which came into force 26 May 2008. The 2008 law on misrepresentation is preceded by the UK Misrepresentation Act of 1967 (OPSI, 1991).

Preface to the discussion is what rule elements are not at play…… [Read More]

References

Beale, H., Fauvarque-Cosson, B. And Rutgers, J. et al., 2010. Contract Law (Ius Commune Casebooks for the Common Law of Europe). Oxford: Hart Publishing.

Gullifer, L. And Payne, J., 2010. Intermediated Securities: Legal Problems and Practical Issues. Oxford: Hart Publishing.

Misrepresentation Act of 1967, 1991. UK Office of Public Sector Information. Available At: http://www.statutelaw.gov.uk/content.aspx?&parentActiveTextDocId=1185735&ActiveTextDocId=1185735

Misrepresentation and unfair commercial practices, 2008. Unfair Commercial Practices Directive 2005/29/EC ("UCPD"): The Consumer Protection from Unfair Trading Regulations. Scottish Law Commission. Available at: http://www.scotlawcom.gov.uk/law-reform-projects/joint-projects/misrepresentation-and-unfair-commercial-practices/
View Full Essay

Torts That Have Been Developed in Order

Words: 1254 Length: 4 Pages Document Type: Essay Paper #: 37955106

torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law.

An intentional Tort

An intentional tort is a civil wrong that is said to be conducted by an offender who did the act intentionally leading to damage of another person or party. This may include torts like striking a person in a car, which may be termed as a battery tort (Allen, 2011).

Negligence Tort

Negligence tort is a civil wrong involving a person engaging in a civil offense due to negligence. In many cases, it involves a person engaging in a careless act that led to…… [Read More]

References

Allen, D. (2011). The Evolution of Criminal Law and Police during the Pre-modern. Journal of Law, Economics, and Organization, v. 27, Issue 3, pp. 540-67.

Dempsey, F. (2011). An Introduction to Policing. London: Cengage Learning, 2011. Print.

Lloyd, L. (2005). Introduction to Policing & Police Powers. New York: Taylor & Francis Group.

Lynch, E. (2012). Business Law. New York: Newnes.
View Full Essay

Mae Tom Had a Very

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 98418007

In particular, this is by the way Kresge designed, constructed or maintained their premises. Any public establishment has a legal responsibility for the safety of its patrons under the mode of operation rule. he plaintiff in this case need not show that Kresge had notice of the particular item or defect that caused the injury. o obtain damages under this particular rule, the plaintiff must prove 1) that the mode of operation of Kresge gave rise to a foreseeable risk of injury to customers (or others invited in) such as the plaintiff, and 2) that the plaintiff's injury was proximately caused by the accident within that zone of risk. he Connecticut statute that the author is quoting is very typical ("Civil jury instructions: 3.9-17," 2008).

In the text there are five elements of negligence. his was not always so. here were four. Duty, breach, cause and damage were among these.…… [Read More]

The plaintiff has alleged that her injuries were caused by the mode by which the defendant Kresge operated the business. In particular, this is by the way Kresge designed, constructed or maintained their premises. Any public establishment has a legal responsibility for the safety of its patrons under the mode of operation rule. The plaintiff in this case need not show that Kresge had notice of the particular item or defect that caused the injury. To obtain damages under this particular rule, the plaintiff must prove 1) that the mode of operation of Kresge gave rise to a foreseeable risk of injury to customers (or others invited in) such as the plaintiff, and 2) that the plaintiff's injury was proximately caused by the accident within that zone of risk. The Connecticut statute that the author is quoting is very typical ("Civil jury instructions: 3.9-17," 2008).

In the text there are five elements of negligence. This was not always so. There were four. Duty, breach, cause and damage were among these. Arguments over which of the legal pigeonholes elements of a case were plugged into usually revolved around duty, breach and new questions of proximaty. This brought about the present five element regime (Owen, 2007, 672).

In this case, Ms Tom slipped on a liquid on the premises. In our text, this is clearly illustrated in element number one which requires a "normal person" to take all measures that a prudent person would take). In this case that would include keeping the floor clean of hazardous substances that would cause spills in the Kresge store. Just as the text uses driving as an example in element number one and states that a prudent driver would take all steps to prevent accidents, ergo, Kresge management and employees also have to do so by keeping the
View Full Essay

Ms Edwards Is a Student

Words: 1469 Length: 4 Pages Document Type: Essay Paper #: 11638688

Edwards could not have queried the university. As indicated with the instance of the Mp3 player, exception may exist.

Given the above, we have shown how the university has a reasonable claim.

Secondly, there are also specific guidelines regarding how the definition of 'reasonableness' can be defined. .

The reasonableness test is the following:

• the term is required to be a fair and reasonable one so that one can include in the contract.

• Both parties involved judge that this is the case and they are aware of all pertinent circumstances

• the fairness and reasonableness is decided at the time that the contract is entered into not with hindsight after a certain instance has occurred

• the resources of the party have to be taken into consideration as well as the recourse of the party to insurance

• the burden is on the party seeking to enforce liability…… [Read More]

References

e-lawresources.co.uk Smith v Eric Bush [1990] 1 AC 831

e-lawresources.co.uk Photo Production v Securicor

 http://www.e-lawresources.co.uk/Photo-Production-v-Securicor.php 

Legislation.gov.uk. S.11. The reasonableness test  http://www.legislation.gov.uk/ukpga/1977/50 /section/11
View Full Essay

Action as Principal I Would Certainly Notify

Words: 1901 Length: 6 Pages Document Type: Essay Paper #: 51527553

Action

As Principal, I would certainly notify Ms. Paulson immediately regarding this issue. This initial action would be specifically in accordance with her individual rights. Additionally, this preliminary notification would provide her with an opportunity to confess to any wrongful action or provide other information that could be potentially helpful to (or even negate) any further investigation. Hopefully, some useful data leading to appropriate routes for corrective actions will be birthed from this interaction. Though even if no help comes of this tactic, it is nevertheless clear that many core principles of teacher supervision, evaluation and even educational law are relevant in this case.

Supervisory issues with reference to this matter would unquestionably rest on the shoulders of Ms. Paulson. As a primary educational advocate in the classroom, she is ultimately responsible for creating and maintaining an effective means of supervising her students. If for any reason she feels unable…… [Read More]

Bibliography

Cooley, V.E., & Shen, J. (2003). School Accountability and Professional Job Responsibilities: A Perspective From Secondary Principals. NASSP Bulletin, 87 (634), 10-25.

Hallinger, P. (2005). Instructional Leadership and the School Principal: A Passing Fancy that Refuses to Fade Away. Leadership and Policy in Schools, 4 (3), 221-239.

Kreitler, S., Zigler, E., & Kreitler, H. (1975). The Nature of Curiosity in Children. Journal of School Psychology, 13 (3), 185-200.

Nalwa, K., & Anand, A.P. (2003). Internet Addiction in Students: A Cause of Concern. CyberPsychology & Behavior, 6 (6), 653-656.
View Full Essay

Nursing Law and Ethics Name

Words: 1913 Length: 6 Pages Document Type: Essay Paper #: 92225100



The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.

Case Study 1 Part B

At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.

Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…… [Read More]

References

Hall, J. (1960). General Principles of Criminal Law (2nd ed.). Indianapolis: Bobbs-Merrill.

Markesinis, B.S., & Deakin, S.F. (1999). Tort Law (4th ed.). Oxford: Clarendon Press.

ANCI Competency Standards for the Enrolled Nurse at  http://www.anmc.org.au/docs/Publications/Competency%20standards%20EN.pdf 

Scope of Nursing Practice Decision Making Framework, 2006 at http://www.nursingboardtas.org.au/nbtonline.nsf/attachment/SoPDMFFinal/$File/Scope%20of%20Nursing%20Practice%20Decision%20Making%20Framework.pdf
View Full Essay

Tws Liability Ms Jones Slipping on a

Words: 809 Length: 2 Pages Document Type: Essay Paper #: 36052172

TWS Liability

Ms. Jones slipping on a banana peel on her way into the Wonderful Supermarket is unfortunate. While there are factors that make TWS look negligent, this case is far from simple in that Ms. Jones at least partially contributed to her own injury and the fact she suffered very similar injuries just six months prior complicates what can be attributed to TWS and what is attributable to the prior accident.

Problems for Ms. Jones

There are a couple of facts and circumstances that do not help Ms. Jones' case against TWS. First, the fact that she is near-sighted and that she took her glasses off after she parked her car but before she made entry into the supermarket raises the idea that she would have clearly seen the banana peel had she had her glasses on. Another factor that does not help Ms. Jones is that she suffered…… [Read More]

References

Car accident defenses: Contributory and comparative negligence. (2012). Retrieved from  http://www.nolo.com/legal-encyclopedia/car-accident-defenses-contributory-comparative-30148.html 

In pari delicto legal definition. (2011). Retrieved from  http://legal-dictionary.thefreedictionary.com/In 

pari delicto

Unclean hands legal definition. (2011). Retrieved from http://legal-
View Full Essay

International Safety Management Ism Code Ism Safety

Words: 4136 Length: 10 Pages Document Type: Essay Paper #: 59405069

International Safety Management

ISM Code

ISM safety code

Acting as a mandatory regulation, ISM Code usually lays down standards of shipowner's responsibility for safe management of ships and pollution prevention accepted internationally. The obligation of the shipment owner is to establish, maintain as well as implement a Safety Management System that is to meet the ISM Code's requirements.

The aspects of civil liability's impact is to be focused on the impact on liability of shipowner for cargo loss or damage, in addition to shipowner's legal right to limit his liability for claims. Some of the concepts such as seaworthiness, actual fault and privity, crew's negligence, the role of the designated person and recklessness with knowledge are to be considered. There has already been a change in the conditions in terms of policies that meet the requirement of the ISM Code through Hull and Machinery (H & M) underwrites and protection…… [Read More]

References

Gold, E (1996). 'Lessons in Corporate Responsibility: Learn From Disaster?' The

ISM Code Implementation in Practice- Corporate Risk: BIMCO Shipping Courses

Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, pg 15-18.

Levy, H (1996). 'The P & I Club -- How do the clubs evaluate the ISM Code'. The ISM Code Implementation in Practice -Corporate Risk: BIMCO Shipping Courses: Copenhagen, Denmark). BIMCO. Copenhagen: BIMCO, 15-18).
View Full Essay

Risk in Terms of Privacy Than Our

Words: 760 Length: 2 Pages Document Type: Essay Paper #: 82180043

risk in terms of privacy than our medical records...do you agree? Or, are your financial records more at risk, especially given events in the news lately. Which is greater in your mind (yes, you have to pick one)? Why?

Although keeping your medical records private is important, I believe that it is more important to keep your financial records private. Identity theft is one of the most prolific crimes of the modern era. As soon as someone has your information, they can hack into your bank account and take all your money or apply for credit cards in your name, leaving you broke. It is also very difficult to prove identity theft.

Drug testing in Sports; Drug testing in the construction industry; Drug testing for retail employees; Random drug testing for all employees; what principles can you pull about the pros and cons of drug testing from these different situations?…… [Read More]

View Full Essay

Pelman v Mcdonald's Reaction & Analysis

Words: 1597 Length: 4 Pages Document Type: Essay Paper #: 98480502

Hossenlopp v. Cannon. The case in question pertains to negligence as it pertains to dog bites and the implications that these events can have on owners when it comes to legal liability. Further, there was a differing state-to-state standard about whether it mattered or not if the owner of the dog had prior knowledge of the dog engaging in aggressive behavior. While it mattered in South Carolina as to whether prior knowledge of viciousness existed, this was not the case in California and the latter was the standard employed in the Hossenlopp case.

Hossenlopp v. Cannon Case Brief

The facts of the Hossonlopp/Cannon case are quite simple. Indeed, a review of the case brief on Find A Case reveals that not even the Cannons really disagreed with the basic facts of the case. What occurred is that a young boy by the name of Hossenlopp was being watched by a…… [Read More]

References

Harris, A. (2015). McDonald's Obesity Case Can't Proceed as Group Suit. Bloomberg.com. Retrieved 22 June 2015, from http://www.bloomberg.com/news/articles/2010-10-27/mcdonald-s-obesity-case-judge-rejects-bid-for-group-suit-status

Harvard. (2015). Dash.harvard.edu. Retrieved 22 June 2015, from http://dash.harvard.edu/bitstream/handle/1/8852143/Benloulou05.pdf?sequence=1

SANTORA, M. (2015). Teenagers' Suit Says McDonald's Made Them Obese. Nytimes.com. Retrieved 22 June 2015, from http://www.nytimes.com/2002/11/21/nyregion/teenagers-suit-says-mcdonald-s-made-them-obese.html

University of Houston. (2015). Pelman v. McDonald's and the Fast Food Craze, Health Law & Policy Institute. Law.uh.edu. Retrieved 22 June 2015, from https://www.law.uh.edu/healthlaw/perspectives/Obesity/040322Pelman.html
View Full Essay

Torts and Risk the First

Words: 979 Length: 3 Pages Document Type: Essay Paper #: 86605766

A related case of Toxic Torts occurred in East Anglia, where chemicals from a factory seeped into a dam (Barcelona Field Studies Centre, 2009).

The best risk management method is prevention. While Alumina's current situation is somewhat dire, the company can learn from its mistakes and attempt to prevent the same thing from occurring in the future. One measure that can be taken in this regard is to fully assess the current situation in terms of the amount of danger caused, the amount of people affected, and the mitigation measures necessary to eliminate the health risk. A cost analysis should also be conducted to quantify the financial risk, especially in the future (.

The risk of public image can be mitigated by taking the option of settlement via arbitration or mediation. Alumina's guilt and wrongdoing cannot be denied. Being subjected to a court battle that will probably be lost is…… [Read More]

References

Barcelona Field Studies Centre. (2009). Donana National Park: Causes and Effects of Toxic Waste Pollution.  http://geographyfieldwork.com/DonanaCauses.htm 

Landlin, David C. (2005, Aug.). Current Trends in Toxic Tort Litigation. Risks Management Magazine. Retrieved from http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1238%5CLandin_Toxic-tort.pdf
View Full Essay

Rachel and Choo Hospital Choo Choo's Liability

Words: 2132 Length: 8 Pages Document Type: Essay Paper #: 13229025

Rachel and Choo Hospital

Choo Choo's Liability

The fact that Rachel was initially discharged from the emergency department following examination by a physician with nothing more than a prescription for pain medication when she was in fact suffering form a very serious blood infection could definitely leave Choo Hospital exposed to litigation. There are several key elements of this case, as briefly as it has been described, that lead to this potential exposure to liability and tortuous action. First, the emergency room physician is expected to provide a certain level of care in his diagnosis, and if it was reasonable to foresee a more serious underlying problem of the general pain the patient presented with, the physician (and by extension the hospital) could be liable for failing to make proper recommendations and determinations. Second, then, a determination must be made as to whether or not the blood infection that was…… [Read More]

View Full Essay

Legal Reasoning Case Study Neglect Plaintiff Dan

Words: 612 Length: 2 Pages Document Type: Essay Paper #: 73727223

Legal easoning Case Study: Neglect

Plaintiff Dan was an operator of a truck with the company EZ Delivery. After being hired and receiving the necessary safety training, Dan was involved in a serious accident which resulted in the injury of bystander Flo. Dan had left the motor of the truck running, without remembering to set the parking break correctly. As a result, the truck rolled and crashed into a gas station which ignited a fire that spread to a construction zone. This said fire then caused one of the cranes on site to collapse onto Flo.

Essentially, the primary issues of the case are the fact that Dan, despite being a certified driver of a commercial delivery truck, carelessly left the truck in a vulnerable position that had foreseeable consequences. Dan had been operating motor vehicles under the approval of state licensing. Thus, he was well informed regarding the nature…… [Read More]

References

Lau, Terence & Johnson, Lisa. (2011). The Legal and Ethical Environment of Business. Flatworld Knowledge
View Full Essay

Vicarious Liability Case This Present Study Is

Words: 907 Length: 3 Pages Document Type: Essay Paper #: 23516307

Vicarious Liability Case

This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability.

Corporate criminal liability vs. vicarious liability

Corporate criminal liability falls under criminal law which defines the extent to which a company or a corporate that exists as a legal person can be held liable for the omissions or acts of an employee working for it. Crime punishable by corporate criminal liability can be defined as a breach of public right and duties which affect the whole community. The doctrine of vicarious liability is entrenched in law of torts and it…… [Read More]

References

Geraghty, 2002; Corporate Criminal Liability, American Criminal Law Review,

Gobert, J. 1994; Corporate Criminality: New Crimes for the Times; Criminal Law Review

Laski .H, 2006; 'Basis of Vicarious Liability' Yale Law Journal

Sealy L. S and Hooley R.A., 2009, Commercial Law: Text, Cases and Materials
View Full Essay

Snow Storm Lawsuit

Words: 1580 Length: 4 Pages Document Type: Essay Paper #: 3953571

Lawsuit

The Snow Storm Lawsuit

Identify and explain at least three legal considerations.

- falls

- death due to improper medication

weak disaster preparedness plan

The main issue in this case is the snow storm. Is it the hospital's responsibility to maintain the level of care that they had previously promised when a natural occurrence causes a lack of staff? According to Medicare law and the World Health Organization, both agencies which protect the rights of healthcare professionals and patients, the hospital is responsible (WHO, 2009). The hospital was adequately staffed, albeit with staff who had worked on the previous shift. The nurses may have been tired, but they were supplemented by fresher staff members. There were adverse circumstances due to the storm, but the courts would look at the staffing of the hospital and see that these accidents could have been avoided.

The people who fell from their beds…… [Read More]

References

North, M. (2002). Greek medicine: The Hippocratic Oath. National Institutes of Health. http://www.nlm.nih.gov/hmd/greek/greek_oath.html

Overdose Law. (2010). What can I do? Doctor errors. Overdose Law.  http://overdoselaw.com/ 

Tabak, V.M. (1996). Restraining patients as part of hospital policy. Medical Law, 15(3). 571-87.

Walker, A.F. (2002). The legal duty of physicians and hospitals to provide emergency care. Canadian Medical Association Journal, 166(4). 122-134.