Negligence Torts, Duty of Care and Available emedies
People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedies. For instance, if someone's foot is stepped on a couple of times in a crowded elevator, it may be a tort but it also may not be a big deal. In some cases, though, the level of the tort rises to an actionable offense, requiring courts of competent jurisdiction to decide the issues that are involved in order to determine if a civil wrong or injury has been committed and if so, what remedies are available to help make the victim of the tort whole. To gain some new insights into these issues, this paper provides a review of the relevant literature to identify the basic elements of a negligence tort, an analysis of…… [Read More]
Negligence of Auditors
In the past one decade, there have been rampant cases against auditors, reflecting both on the litigious nature of a plaintiff's bar, which encourages claims against independent certified public accountants
Owing to this, there have been numerous literatures encouraging the imposition of civil liability on accountants whose actions fail to conform to professional standards. Therefore, many courts after considering the scope of an auditor's vulnerability to negligence have sought to provide some policy considerations in an attempt to protect the auditors.
Some courts have analogized the law of products liability to adopt a predictable standard, which will help them measure an accountant's liability for negligence
. In addition, another important principle, which many courts consider is the cost-benefit limitation because it works differently when compared to the financial audit. Nevertheless, prior to determining a case of negligence, the court can now measure the potential profit…… [Read More]
Negligence and espondeat Superior: Should Employers be Held esponsible for Employee Negligence?
"A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances" (West, 2008). To establish a claim of negligence, a plaintiff has to establish four elements: duty of care, breach of duty, factual causation, and damages (Berry, Sahradnik, Kotzas, & Benson, 2013). The duty of care element means that, even if a person failed to act with reasonable care, he cannot be held liable in a negligence action unless he owed a duty to the plaintiff. However, a person is generally "under a duty to all persons at all times to exercise reasonable care for their physical safety and the safety of their property" (West, 2008). The breach of duty requires that the person fail to act as a reasonable person would have in…… [Read More]
Generally, In order to sustain a cause of action for negligence, a plaintiff must establish that the defendant owed him a duty of care, that the defendant breached that duty of care by his negligent commission of an action (or by his negligent omission of action), and that the defendant's breach of that duty of care was the proximate cause of tangible harm to the plaintiff (Dobbs, 2001).
In addition, and depending on the particular statutes in the state where the events occurred, the plaintiff may also have to establish that his own negligence was less than that of the defendant in order to recover at all. In other states, the negligence of the plaintiff will not necessarily preclude his recovery, but any award may be reduced by whatever percentage he is deemed responsible for his damages by virtue of his own contributory negligence.
Classes of Harm and Persons:…… [Read More]
"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack of action, actually caused the harm suffered by the plaintiff. For example, the patient in the case actually suffered paralysis as a result of the surgery. It must be pointed out that the surgeon involved did not perform the surgery ineffectively but that the chance of paralysis was a possible outcome of a successful surgery. In other words, the negligence was not the surgeon's technique but the failure to inform the patient of the possible outcomes of even a successful surgery. This type of "cause" is known as "proximate cause," or the defendant's failure to foresee the harms that may result through their actions. In this case, the doctor failed…… [Read More]
Sanders's injury was more as a result of the "hard falls" of softball, rather than any sort of "rough treatment" that occurred as a result of improper supervision. The "rough treatment" category of head-butting football players can easily be distinguished from the more passive interaction between sliding ankle and first base.
When the facts of a case clearly demonstrate improper supervision of "rough treatment" athletic activity, the courts have had no trouble imposing liability. In rooks v. oard of Education of City of New York [205 N.Y.S. 2nd 777 (1960)], the court found in favor of the plaintiff who was injured during a game of line soccer due to a physical mismatch between him and his opponent. The court stated that a physical mismatch in a "hazardous" game such as soccer should have been more closely supervised.
The essence of any legitimate legal system is the ability to predict rulings.…… [Read More]
This being the case, the liability insurance company will pass the suit to their attorney, who will then be responsible for filling a written answer.
The next phase in the litigation process will be a series of discovery, where each side will be given the opportunity to research the case by asking each other questions and demanding specified documents. ased on this gathered information, the liability insurance company again will reevaluate the case, deciding whether it is a case that they should continue to defend or one they should attempt to settle outside of court.
As said before, because there is a legitimate question as to Gielle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action…… [Read More]
a) Elements of Negligence
Your son sustains a deep laceration on the leg, and you decide to bring him to the hospital for the doctor to perform the routine check-up and at the same time dress the wound. You stop the bleeding, disinfect, and gauze the wound before leaving the house. At the hospital, the doctor, in a rush, performs the regular check-up, and then embarks on addressing the wound. He does appear fazed and hastily makes an assumption that it would require no more than a few stitches. He takes tools from the top of the examination table, and uses them on your son's one-hour-old wound; not knowing that they had been used to treat a child with an infection. The hospital policy requires doctors to only use sterilized tools from designated drawers. A week later, your son's wound becomes discolored, and he gets increasingly unwell. You return…… [Read More]
Negligence Misstatements in the Law of Torts
This is a concept of contract law indicative of carelessly made facts by one party to another with the effect of luring that party into a contract. It could also be falsehood or false promises made by a trader while having no reasonable basis to believe it to be true, regarding the nature of products intended for sale are a classic example of negligence misstatement. It allows damages to the plaintiff where there is neither collateral contract nor fraud.[footnoteRef:1] [1: Witting, C. (2005). Liability for Negligent Misstatements. Oxford: Oxford University Press.]
Negligent misrepresentation was first seen in the case of Hedley yrne v Heller  A.C 465.[footnoteRef:2] This case was centered on economic loss that resulted from a negligent misstatement. Hedley yrne in this case claimed that the information regarding Easipower Ltd., given to it by Heller and Partners Ltd., was given negligently…… [Read More]
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not.
As for the trespass tort, it was found that insufficient evidence was available to prove wrongdoing by the plaintiffs. There was no evidence to suggest how the dogs entered the plaintiffs' property. Evidence of neglect was not sufficient, according to the court.
I was somewhat surprised by the court's ruling, since at first sight the negligence was clearly on the part of the dog owners. Furthermore, the fact that the dogs had already killed another neighbor's rabbits should have emphasized the necessity of providing more secure premises for the animals. It could therefore be said that the dog owners had a duty to all their neighbors to keep their dogs securely within a limited environment, where they could not cause damage to the…… [Read More]
Precise Engineering Corporation had a contract with Quik Mart Stores to provide customized software for Quik Mart Stores' inventory control system.
A Precise Engineering Corporation subcontractor is induced by a Quik Mart competitor, Retail Outlets, Inc.
The delivery of the inventory control system software is delayed one week.
Quik Mart Stores does sustain a $500,000 loss in profits.
The issue question at hand is: Can Quik Mart Stores sue Precise Engineering Corporation for negligence and Retail Outlets, Inc. For interfering with the delivery of the inventory control system, causing it to be one week late, that caused them to lose $500,000 in profits and can Precise Engineering Corporation sue Retail Outlets, Inc. For wrongful or tortious interference with the contract by inducing the subcontractor?
RULE OF LAW:
Negligence occurs when the defendant owes a duty to the plaintiff, a breach of that duty has occurred, the breach of…… [Read More]
Negligence Tort Case eview
In 1981 Dula McCarty, while staying at the Pheasant un Lodge, was attacked in her room. The intruder had gained access to her room through a sliding glass door that was lock but had a small safety chain attached. While Mrs. McCarty was out for dinner the intruder, who was never caught, pried open the sliding door, cut through the small chain, entered the room and attacked her upon her return. Mrs. McCarty sued the hotel claiming negligence on their part but the jury found in favor of the hotel. In 1987 she appealed the verdict to the 7th Circuit Court which upheld the original court's ruling. (McCarty v. Pheasant un)
A tort can loosely be defined as an action by one person against another that results in harm to the second person, and in general there are three types of torts: intentional, negligence, and strict…… [Read More]
Tort of Negligence with regards to business law. The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the sources of distrust of law.
Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would. The standard that is used to determine if an individual is guilty of the offense of negligence is by asking ourselves whether a careful person would have done the same. In most cases it is often an issue of whether or not there was an act of negligence or conversely whether or not there was compliance or conformity of one's act to those of a reasonable man (Negligence-As a Matter of Law or a Question of…… [Read More]
This report shall contain a review and analysis of the case State v. Bauer as it occurred and transpired in 2014. There will be a summary of the issues of the case, an account of the case, the thoughts of the author of this report when it comes to the case, whether there is a clear understanding of the decision, whether there is agreement when it comes to the decision and what the American public thinks of the system. The case centers on gun safety and whether (and to what extent) an owner of a gun could or should be held responsible when the gun involves being used in a crime of some sort, whether it be intentional or incidental or on accident. hile Bauer certainly is at least somewhat culpable for what happened, many feel an affirmative and intentional act is necessary to have him charged or…… [Read More]
Negligence Claim and the Doctrine of espondeat Superior
The situation at Don and his wife barbeque party is an example of a negligence and product liability case that resulted in significant burns on John's body. While Don was did not know that the can of lighter fluid had several leaks, his actions and their consequences make him liable for negligence. In addition, the lighter fluid maker is liable for the product because of the leaks which generated inherent danger on users. Therefore, John should file a lawsuit against Don for negligence and sue the company that manufactures lighter fluid for product liability it had leaks with inherent danger that caused significant damage on his body.
In the lawsuit against Don for negligence, John should claim that Don did not use the required standard of care when using the lighter fluid because of the probable danger associated with such products. Generally,…… [Read More]
By definition, simple negligence is negligence that is neither gross nor wanton. Thus, it is a default form of negligence (USLegal.com, 2015). Gross negligence is defined as "reckless disregard for the safety or lives of others…a conscious violation of other people's right to safety" (law.com, 2015). Wanton negligence is similar in nature. Implied is that the person has failed to use ordinary care. Simple negligence is therefore not the same intensity as gross negligence, which is very risky to others, so is usually found to be unconcerned with others, but not to the same high degree of risk as would be the case in gross negligence.
These different definitions of negligence can be applied to health care situations. For example, health care practitioners are obligated to provide care in a manner where they are safeguarding the patient, and doing what is best for the patient. Failure to perform one's…… [Read More]
(egan & egan, 2002) All the health care workers are surely part of some form of administration or a unit. Contrastingly, this law will not be applied to private practices because in those cases, only the direct health care worker is considered responsible. This brings us to the idea of shared responsibility of a certain situation. This doctrine can be applied to the administration because at the end of the day it is the administration that overlooks the hiring of the medical workers. Under the major principles of vicarious liability, one person can be held responsible because of a negligence caused by someone else. (Larson, 2005)
Vicarious liability most commonly occurs when the accused carries out an action with in employment. The person who does the mistake which could either be a nurse or a doctor does so to pursue the employer's interest. Because the employer and the…… [Read More]
Responsibilities of Nurses to Patients
Why is it important
The role of nurses has a direct implication on the patients. For example, nurses observe and provide direct care to the patients. The physicians give orders and thus are the role of the nurses to implement (Aiken et al., 2014). Often, the work of the physicians is not complete without the help of the nurses. The nurses are responsible for changing clothes and giving the medications to patients. Often, the patients are unable to do basic tasks, and therefore the roles of nurses become very important. Nurses keep medical records for the patients and therefore give medications to the patients in time and monitor their progress.
Another important role of the nurse is assessing the response of the patients to medications. Keep the records for the progress of patients is an invaluable practice. The records help the nurses to monitor how…… [Read More]
Liability of a Negligence
From: Smith & Associates LLP
Seeking Legal Advice whether the school has a Potential Liability for a Negligence
DEFINING THE ISSUE
Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.
No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.
Statement of Facts
On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the…… [Read More]
The Common Law Theory of Negligence
Negligence is defined as the failure to exercise the appropriate care that is expected to be exercised under the specified circumstances. In law, negligence is the breach of a legal duty to take care that results in damage undesired by the defendant. The underlying concept of negligence is that individuals should at all times exercise reasonable care in their actions (Scott). This is done by considering the potential harm that one might foreseeably cause to another individual or property. Looking at personal security, this is quite applicable in that even when offering security, one should ensure that they take care of their actions. Even though one might be forced to use force, it must be used only when absolutely necessary and this action should be considered and determined that it will not result in harm to others. Business owners or organizations that hire security…… [Read More]
Its claim of inebriated behavior by Margreiter was unsubstantiated by witnesses; its claim that he was well enough to travel also unsubstantiated based on medical treatment necessary when he returned to Denver. The subsequent surgeries and medical issues were proven to have a permanent effect upon his livelihood as well as permanent brain damage. With the lack of earnings, the trauma to his life, and his pharmaceutical expense, the Court did not find it necessary to reduce his award or find any evidence of fault other than the hotel.
Part 2 -- the Normann case -- the Court indicates that regarding safety, "The law imposes upon innkeeper's at least ordinary or reasonable care to protect their guests against injury by third persons, and some cases call for the exercise of a higher degree of care." The claims that the hotel permitted criminals to wander through the hotel, filed to maintain…… [Read More]
An additional issue which is due for consideration is the ethical treatment of the nursing professional, including the respect for her privacy and adherence to legal responsibilities relating to the treatment of drug addiction in employees. There is a need to find balance between decisive action and the troubling code of silence which sometimes persists in medical facilities. According to the text by Dunn (2005), "many nurses choose to remain silent about a colleague who may have a substance-abuse problem because of loyalty, fear of being a hypocrite, guilt, or fear of jeopardizing a colleague's license to practices. Addiction must be accepted as an illness so that nurses can help one another recognize and seek treatment for the problem." (Dunn, p. 1)
This assertion in the section above denotes that dismissal is not an appropriate action even in the face of some of the conduct problems shown in the…… [Read More]
In order to get a good understanding of unintentional torts, it is important to first understand the term tort. The term tort is a French word whose English equivalent is the term wrong. It has also been considered to be a derivative of the Latin word tortum which can be loosely translated as twisted or crooked or wrong (Best, Arthur, and Barnes, 2). It therefore means that a wrong or crooked conduct can be considered to be a tort. For a period of time the use of the term tort in day-to-day speech was common, however, the current use is more confined to the legal system (Calnan, Alan). Thus the brief definition of this term in the legal language is 'a wrong whose remedy will be provided for by the law', this remedy is usually in many forms but more often has monetary value. The entire development process…… [Read More]
There are two separate negligence causes of action, one cause of action from the customer who ingested the glass, and the other cause of action can be brought by any customer or employee who sustained injury from the fire.
To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff. In other words, plaintiff must prove the following elements:
The existence of a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury.
Here, the restaurant is engaging in the business of serving food to customers, and it is presumed that an ordinary, prudent reasonable restaurant will take precautions against creating unreasonable risks of injury to its customers. From the perspective…… [Read More]
workplace injuries can be complex, involving multiple variables and a minimal amount of concrete evidence to support the claims of either worker or company. This case is one such case where the testimony of the workers contradicts the testimony of the company. esolving this case will be difficult, but ultimately, evidence can be gathered to show that (a) the company was aware of a faulty safety guard and covered up their knowledge; (b) the company was unaware of the faulty safety guard but the manufacturer of the machine was; (c) the manufacturer was unaware of the faulty safety guard and this is the first incident in which a worker was injured using the equipment.
Explanation of the Issue or Problem
There are several interrelated issues and problems in this case. First, it is not clear whether the injured party, John Schmidt, and his coworkers are members of a labor union…… [Read More]
amberg v. Morgan
In terms of the Doctrine of espondent Superior, the employer of the sued doctor would be or could be liable for the actions or inactions of Dr. Morgan. In this case, the police agency would be the party that is liable. In this matter, Mr. amberg was struck by a car and his body was thrown a couple dozen feet. The driver of the car that struck amberg is the person who called police. Upon showing up, there was only one of blood on the decedent but there was no sign of any fractures or other issues. Indeed, he deemed the man to simply being intoxicated. After the examination concluded, amberg was put in a cell and was basically ignored. He acted very much like a drunk would act. However, as it turns out he had pressure/bleeding in his brain and it eventually killed him.…… [Read More]
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]
Florida Negligence Analysis
Legal Claims for Cal
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.
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]
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]
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]
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
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
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
Appendix A THE UNITED KINGDOM
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]
.. 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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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 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]
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]
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]
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]
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]
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]
International Safety Management
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]
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]
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]
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]
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]
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]
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]
The Snow Storm Lawsuit
Identify and explain at least three legal considerations.
- 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]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
This is valid except otherwise provided for in the contract. Even if, provided for, the provision, further, need to pass the reasonability requirement.
Further credence to asserting that the clause contained in the contract had, in effect upon signing, become binding to the Landlord and the Tenant, get support from Section 3(2) (bi) UTCCA of 19996. The section stipulates that one party to the contract cannot provide that not provided for in the contract. Rather, any other provisions lie at the discreet choice of the party offering the provisions.
The above Section, therefore, explains that since a contract existed between the Landlord and the tenant, each party got bound by the terms contained in the contract. Therefore, the tenant deserves no right, in light of the contract, to demand that the landlord take responsibility on damages incurred as per the MP3.
In the court case of Suisse Atlantique Societe d'Armement…… [Read More]