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]
In basic terms, a tort can be defined as a civil wrong. In this case, it is the victim of wrongful conduct who brings action against the alleged wrongdoer. The alleged wrongdoer in tort law is referred to as the defendant while the claimant or plaintiff is the victim who suffers as a result of the conduct of the defendant. In a way, negligent tort is taken to be the most significant of all torts. In this text, I concern myself with negligent tort.
The Elements of a Negligent Tort
In Stuhmcke's (2001) own words, "negligence is a tort which determines legal liability for careless actions or inactions which cause injury." Hence effectively, its occurrence can be said to take place in those instances where an individual causes harm to another individual as a result of his or her failure to take the legally required care. It can…… [Read More]
Negligent Liability & IT Outsourcing
Negligent Entrustment Liability
Negligent entrustment is where personally identifiable information is outsourced to an insecure back-office operation (Rustad, 2007). Organizations have an affirmative duty to ensure that data is secure regardless of whether it is in-house or outsourced, or where it gets outsourced to. The liability centers on the companies who have direct liability to consumers and businesses, not just the outsource operation.
has international standards for the protection of intellectual property. U.S. companies have an independent duty of care to ensure third world back-office operation comply with reasonable data security standards. It is a company's duty to do security audits before transmitting sensitive information. Negligent enablement lawsuits come about to hold the handler of information directly liable for facilitating or paving the way for cybercrime by direct negligence. AU.S. organization that does not do security audits on the outsource operations can be held liable…… [Read More]
A person may be able to file action against more than one defendant by establishing that the behaviors of each were proximate causes of their damage, even if the defendants' negligent behavior was dissimilar (Larson, 2003).
According to the law, a proximate cause is an act sufficiently associated with the legally identifiable harm to include not just the actual physical and sequential cause, but also the legal cause of a given harm. The definite cause is the first point of proximate cause, and that means but for the action, the effect would not have happened. The act bringing about injury must have been the but for cause in addition to the end result has to be reasonably foreseeable to the actor at the time they acted. Proximate cause attaches this element of reasonable foreseeability to the but for test in order to conclude whether it would be fair to hold…… [Read More]
Under the law the general public is entitled to a certain amount of protection. This is because everyone is expected to provide safeguards for the people they are dealing with. When there is an accident, the odds are high of a particular party becoming the subject of possible tort litigation. In the case of negligent tort, the other party unintentionally violated the standard duty of care. This is defined as someone who is acting within reason to ensure that everything is safe. Once some fails to follow these basic guidelines, is when this will increase the odds that they could be the subject of a negligent tort claim. ("Elements of Tort Negligence," 2010) ("Standard of Care," 2012)
Proving Negligent Tort
To prove any kind of negligent tort, the plaintiff must demonstrate that the defendant violated several different criteria. To include: the duty to protect, the actual injury, breach…… [Read More]
Human esource Organization Behavior and Leadership
As the hiring component of a business, H has a responsibility to represent the best interests of that business while also representing the values and commitment to society that the organization promotes in its organizational culture. Businesses must respect all stakeholders and work to please each and every one -- including shareholders, employees, customers, clients, and members of the community. When it comes to hiring the right individuals for the right job, H must assess each applicant individually on a case by case basis to see if his or her personality and skill level aligns with the position. In order to reduce the rate of job turnover, which can be costly for businesses, H must address the issue of "negligent hiring" while at the same time complying with EEOC (2017) rules and regulations regarding discrimination against applicants who have a criminal past. This paper…… [Read More]
Davis v. The Boad of County Commissiones of Dona Ana County:
Maiah C. Davis filed a lawsuit against Dona Ana County fo injuies he suffeed while a patient at Mesilla Valley Hospital. In the lawsuit, Davis accused Joe Heea, an employee at the hospital, of sexually assaulting he. Futhemoe, she alleged that the hospital hied Heea on incompetent, favoable suggestions fom Dana Ana County Detention Cente whee he was also investigated fo allegation of sexually haassing female inmates. Accoding to the epot by the Detention Cente's diecto, Heea was accused of making statements with sexual ovetones, expessing his desie fo sex, and obtaining sexual favos fom inmates. Some of the efeences made in the epot include ponogaphic video and condoms found in his office as well as being in possession of undewea belonging to a juvenile. As a matte of fist impession, the New Mexico Cout of Appeals which detemined…… [Read More]
Employee's Rights to Health and Safety in the Workplace
The objective of this study is to analyze the rights of employees to health and safety in the workplace in regards to the scenario as follows:
DoRight has recently been hired as the President of the "Universal Human Care Hospital," where he oversees all departments with over 5,000 employees and over 20,000 patients at the medical facility. He has been provided with a broad set of duties and oversight of numerous departments, including business development, customer services, human resources, legal, patient advocacy, to name a few. He has managers in each department that he supervises and who work with him to address the needs of the various internal and external stakeholders of the hospital. Dr. DoRight discovers that some patients within the hospital have been dying as a result of a variety of illegal procedures by doctors and nurses, and negligent…… [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]
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]
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]
Another, related doctrine to vicarious liability is that of negligent hiring, in which an employer does not take reasonable precautions to do appropriate background checks of the employee. If a hospital hires a nurse without the necessary qualifications, the hospital may be found liable for any errors the employee performs. However, the hospital might be found vicariously liable if it hires a qualified nurse, but expects the nurse to labor under unreasonable circumstances, such as working back-to-back shifts repeatedly with a skeleton staff, or has the nurse perform her duties with improperly maintained medical devices.
The need for the doctrine of vicarious liability is manifest in the fact that it is necessary for employers to be held liable for the consequences of their policies and not blame their own imprudent actions, conducted in the name of profit, to improve their bottom line. Simply put, it is not fair to hold…… [Read More]
" Thus this principle is founded on an individual's ability to predict a given action's consequences. On predicting such consequences, an individual is supposed to choose the course of action which would in the end benefit the greatest number of people. In such a case, the choice selected would be considered ethically correct. For instance, if one innocent person has to be killed so as to save the entire human race, then it would be ethically right to kill such a person from a utilitarian point-of-view. An application of this principle in our scenario seems somewhat straightforward. To determine the right course of action in this case, the question to be asked is; of all the alternative courses of action at Dr. Doight's disposal, which course of action would benefit the greatest number of people? In my opinion, seeking to ensure that the situation is brought under control no matter…… [Read More]
Clearly she has not been a good steward of her classes because the principal twice visited her class and both times she was working individually with a student while other students were misbehaving or otherwise not being productive.
The Trenton district was also negligent because state law requires that all computers in public schools have software that prevents -- or filters out -- inappropriate materials. A public school cannot allow students to access pornography, whether it was just a little stunt that some boys pulled to get attention, or whether they were actually curious about a porn site and hoped to access it for a thrill of some kind.
Additionally, the Trenton school district is also potentially negligent because the Connecticut Guidelines for Teacher Evaluation Programs (Duke, 1995) require that before a teacher gets a contract, he or she must pass "…an essential skills examination (CONNCEPT)"; in fact teachers must…… [Read More]
State v. Stark (1992)
Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.
The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provides that, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (U.S. Const. amend. XIII, 1). The contract that the parties signed purported to make Mrs. Lowell the property of Mr. Lowell. Because the Lowells are Americans and purchased their ticket in America, it is unlikely that an American court would recognize Mr. Lowell's ability to contract away his wife's right to be recognized as a legal individual in a contract dispute. Furthermore, the Fourteenth Amendment guarantees Mrs. Lowell the equal protection of the laws, (U.S. Const. amend. XIV, 1)…… [Read More]
The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party filed against is liable for the injury according to the law. The tort law will also determine what the required compensation is to amount to for the injured party. Essentially the four components applicable to tort law include causation, duty, injury and a breach of (expected) duty (Standler, 1999). The determining factor warranting damages is a breach of duty toward a plaintiff from the defendant that has caused injury. There are many different types of torts, however the three…… [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]
Nadel et al. v. Burger King Corp. & Emil, Inc.
What court decided the case in the assignment?
Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discretionary appeal (Case 1997-1386) by Burger King was filed in the Supreme Court of Ohio. he Case is Disposed.
According to the case, what must a party establish to prevail on a motion for summary judgment?
In order for a party to prevail on a motion for summary judgment in this case, it is necessary to show that no genuine issue of material fact existed. Specifically, the Ohio Rules of Civil Procedure, Rule 56 (E) states that:
"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings,…… [Read More]
The parties involved in the case are Charles Cullen, the primary guilty party, the families of the victims who were murdered by Cullen's actions, and the hospitals that employed Cullen, including the Somerset Medical Center. Other hospitals that employed him are located in New Jersey and Pennsylvania.
In 2003, Charles Cullen was arrested for the murder of 29 patients in hospitals in New Jersey and Pennsylvania. Of these victims, 13 were at Somerset Medical Center. Cullen had stolen medications to murder these patients (Serial Killer Central, 2008). In 2008, an appeals court case was to decide whether the families of the victims have the right to sue the medical centers and hospitals that employed Cullen at the time of the murders.
Other outcomes were that hospitals were ordered to report serious medical mistakes both to patients and state regulators. In New Jersey and Pennsylvania, requirements were also tightened…… [Read More]
Corporate Governance and Ethical esponsibility
Dr. Doight recently hired President "Universal Human Care Hospital," oversees departments 5,000 employees 20,000 patients medical facility. He provided a broad set duties oversight numerous departments, including business development, customer services, human resources, legal, patient advocacy, a .
Corporate Governance and Ethical esponsibility
Duty of loyalty owed to internal and external stakeholders
According to Heath (2006)
, duty of loyalty entails good faith and honesty in best interests of a corporation's stake holders. The duty of loyalty involve the no-profit rule and no conflict rule Heath, 2006.
The duty of loyalty thus implies that, a person in-charge of overseeing the operations in an organization should not let his/her personal interest dictate performance of duty. It also governs actions which must be guided by honesty and good faith. A corporation's stake holders can be classified into two; internal and external Weaver, 2006()
Duty of Loyalty to…… [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]
Figure 7 depicts 2006 Florida violent crime statistics; evolving from aggravated assault, robbery, forcible rape and murder.
Figure 7: 2006 Florida Violent Crime ates (adapted from UC crime statistics, 2008).
The 2006 National violent crime rates included: Murder -- 1.2%; Forcible ape -- 6.5%; obbery -- 31.6%; Aggravated Assault -- 60.7% Compared to Florida's 2006 violent crime rates, the murder rate and robbery rates and forcible rates are lower; however the aggravated assault rate is higher (Uniform Crime eports, N.d.).
Figure 8 depicts 2006 Florida property crime rates; evolving from burglary, larceny theft and vehicular theft.
Figure 8: 2006 Florida Property Crime ates (adapted from UC crime statistics, 2008).
The National 2006 property crime rates included: Burglary rate -- 21.9%; Larceny theft rate -- 66.2%; Vehicular theft rate -- 11.9%; Compared to Florida's 2006 property crime rates, the vehicular theft rate is lower; however the burglary rate and larceny…… [Read More]
While it may not be just to hold an organization liable, absolutely, for every instance of employee negligence, there is a rationale for imposing such liability in many cases. For example, many types of industries entail potential danger to others that are inherent to the industry.
Individual workers are not likely to be capable of compensating victims of their negligence, but the employer benefits and profits financially by engaging in the particular industry. Therefore, the employer should not necessarily escape liability for compensating all harm caused by their activities, regardless of fault in particular instances.
10.A nurse is responsible for making an inquiry if there is uncertainty about the accuracy of a physician's medication order in a patient's record. Explain the process a nurse should use to evaluate whether or not to make an inquiry into the accuracy of the physician's medication order.
Like other highly trained professionals, experienced nurses…… [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 topic of ex-offenders becoming productive members of society presents a circle of issues. The ex-offender is expected to obtain and maintain employment to show evidence of being productive, while employers are allowed to refuse to hire anyone who is an ex-offender. Some states, including Wisconsin make it illegal to discriminate against an ex-offender however, the company is still liable if it hires an ex-offender who then commits a crime while in that company's employ. The time has come to provide mandates that prohibit the discrimination against ex-offenders on a federal level, while at the same time allowing it if the crime conviction is directly related to the position sought, IE child molester applying at a toy store. In addition the time has come to limit the potential liability on a federal level of company's that do hire ex-offenders had provide them with a chance to become productive members…… [Read More]
Unlucky and Edison-
Lennie Edison, employed by Vulcan Systems, is on call 24/7 as a trouble shooter. Because of this, he drives a company vehicle, to and from work, and occasionally stops for errands after work on his way home. Edison is involved in a collision with Unlucky, who suffered bodily injury and damage to his car. Unlucky is suing both Edison and Vulcan in joint and several liabilities.
ule- Unlucky's attorney cites respondeat superior which states that an employer is responsible for the actions of employees within the course of their employment. When applied to physical torts an employer/employee relationship must be proven with the act committed during the scope of employment. Three general conditions apply: 1) Was the act committed while the employee was at work or on work property? 2) Was the offense committed during a normal working situation? 3) Was the agent motivated to benefit by…… [Read More]
Non Linear Pro-is a company that sells editing equipment. Recently, the company was involved in a transaction that involved the lease of equipment to Quick Text Video on a trial basis. Before the purchase, the sales representative for NonLinear Pro and the company manger for Quick Text Video discussed the pros and cons of the product. The salesman indicated that the system would be up and running within a day in a half of delivery and that it would be twice as fast as the current system in use at Quick Text Video. The system was delivered, including a delivery document for the signature of the recipient. The document included a lease agreement for three months.
Quick Text Video attempted to use the equipment for two weeks. However, it was not performing properly for a number of reasons, the first and most obvious of which was that the promise of…… [Read More]
arises due to the fact of how the primary perpetrator obtained the use of the motor vehicle involved throughout the fact pattern is any possible liability imposed upon the young man's parents. The young man involved took the car apparently without the permission of his parents and, therefore, unless it can be demonstrated that the parents had reason to believe that their child might drive the car without permission there is little likelihood that vicarious liability can be attached to the parents (Glannon, 2010). Any torts that occur once the child takes the vehicle without the permission of the parents will attach to the child and not to either of his parents.
The next possible torts arise as the young man arrives at his girlfriend's house. At this point, the young man has committed essentially two intentional torts (Vandeveide, 1990). First, he has intentionally assaulted his girlfriend's father by attempting…… [Read More]
The ethical and legal consequences of testing employees without their knowledge or consent puts Danville Airlines into a defensive position, having to both explain to David eiger why they are not letting him fly, and potentially to his attorneys how the testing took place at all. The issue of genetics testing raises ethical and legal conflicts, creating a paradox for companies who practice this type of screening (Howard, ichardson, Thorpe, 2009). Danville Airlines has been negligent in their process of medical screening, allowing samples taken from eiger to be sent to a genetics screening lab (Darden, 2004). Especially detrimental to eiger is the emotional trauma and pain of being diagnosed with Huntington's disease, the same disease which took his father's life as well (Darden, 2004). Danville is now in the paradoxical situation of having told people outside the company of eiger's condition, also informing eiger he will no…… [Read More]
In the wake on new and very contentious health care reform, many firms have undergone extensive transformations. These transformations have been predicated on both cost control and quality management. In particular quality management has had a profound impact on the underlying business operations of many health care firms. For one, firms are now finding methods in which to enhance the overall patient experience while also mitigating potential loses due to negligent means. The focus on quality management has also made firms more efficient in regards to the overall delivery of service. In particular, my firm has done extensive work with reducing elderly accidents within the facility. This quality management initiative has not only reduced costs associated with accidents, but it also has enhanced the trust and patient experience of all stakeholders within the firm (Kelly, 2011).
Identify the milestone you chose in the history of quality improvement in…… [Read More]
As company ombudsman, your task is to investigate complaints of wrongdoing on the part of corporate directors and officers, decide whether there is a violation of the law, and deal with the wrongdoers accordingly. Jane, a shareholder of Goodly Corporation, alleges that its directors decided to invest heavily in the firm's growth in negligent reliance on its officers' faulty financial reports. This caused Goodly to borrow to meet its obligations, resulting in a drop in its stock price. Are the directors liable? Why or why not?
In most instances, the directors of a company operate under the legal doctrine of the business judgment rule (BJ) "which generally provides directors with broad discretion, absent evidence of fraud, gross negligence or other misconduct, to make good faith business decisions"(The role of the board of directors in Enron's collapse, 2002, Government report). In some recent, much-publicized incidents, corporate boards of…… [Read More]
fall into the "reasonable accommodation" category of less than $500 would be things like modifying work schedules, reassigning workers to different tasks or departments, restructuring jobs, making facilities accessible, and providing interpreters or readers.
It is very important that Muslims have protection because employers are not allowed to discriminate against any religion. Whether the employer agrees with or likes the religion does not matter. That employer must not discriminate against the employee because he or she chooses to practice a particular religion.
The organization and other employees are negatively affected because it hurts their morale. They see that the company does not value all employees, and that some who work for them are considered "better" than others based on criteria they are not able to control. This sends the wrong message.
In other countries, laws are not as much of a concern for HRM. However, with employment becoming much more…… [Read More]
Soft Skills Necessary for a College Professor's Job
Soft skills are often called intangible skills, or skills that do not directly relate to the candidate's ability to perform the technical capacities of the job, but are still important in terms of his or her success. Some general soft skills might include a strong work ethic, a positive attitude, and the ability to multitask (Lorenz 2009). A college professor must be knowledgeable about his or her subject matter, of course and have obtained a graduate degree. But soft skills like being a strong communicator, having a caring attitude towards his or her students, and a passion for knowledge are also required. The ability to work well with others is also likely to be a bonus, because professors must participate in faculty meetings. However, professors must also be able to work independently, given that a large proportion of their time is spent…… [Read More]
Internal evenue Service's Use of Circular 230 to egulate Tax Preparers
An oft repeated maxim in American history states sardonically that "in this world nothing can be said to be certain, except for death and taxes" (Franklin, 1840), and under the modern statutes of federal tax code that observation has never been more prescient. With taxes imposed by local, state and federal governments throughout the entirety of our natural lives, Americans living in 2012 may be facing the most extensive excises ever levied by one nation on its citizenry. Considering the dreaded annual income tax, the sales taxes added to the cost of consumer goods, and property taxes attached to home valuations, the average person is compelled to contribute thousands of dollars annually to support the revenue shortages of a mismanaged federal government. Even the choice to gift a sum of money to your child, spouse or lifelong friend, perhaps…… [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]
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]
The teacher was given a good reference, was hired again on the basis of that reference and committed another sexual assault, a situation that mirrors that of Davis. In that case, there were no evidentiary hearings for the teacher, meaning that technically the sexual assault allegations were hearsay (McCord, 1999). In the Davis case, Herrera had resigned before the hearing could take place.
Thus, it is difficult to determine whether negligent referral occurred here. Mr. Steele had not proven in an evidentiary hearing that sexual assaults had taken place, nor had Mr. Herrera been convicted in a court of law. For his part, Herrera had denied the allegations. Had Mr. Steele relayed those allegations to a prospective employer, he may have exposed the County to a defamation suit from Mr. Herrera since no allegation against Herrera had actually been proven.
Decision Hold and Court's Claim
The Appeals Court reversed the…… [Read More]
But just because they had no intent to hurt anyone does not mean that their actions did not contribute to the hurting of another.
After looking at all of the facts that were presented in both of these cases a reasonable person sitting on any jury would have to conclude that the defendants were guilty of contributing to the deaths of the victims. Their deliberate actions led to both accidents and thus all deaths relating to those accidents. The defendants in both of these cases were all over the age of 18 and should have been aware that their actions could lead to serious harm or even death of another person. Just because they were out having fun and did not intentionally mean to hurt anyone should not excuse them from the fact that their actions did lead to deaths, and for these reasons they should be held accountable and…… [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]
What is arah's theory?
Will she succeed?
arah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." ince he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.
he will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. ince…… [Read More]
Problem to be address is balancing avoiding "negligent hiring" while at the same time complying with the EEOC and other agencies and groups, both ethically and legally, when it comes to discrimination against those with a criminal past
The upsides of not hiring people with criminal or other challenged background
Avoid negligent hire situations
Better chance of avoiding theft and other negative outcomes
The case for giving people a "second chance"
Some people truly want to redeem themselves
A prior record should not end one's career chances
General compliance and other concerns when it comes to the matter
Accusations of discrimination
Scrutiny from EEOC, etc.
Best to take an even approach
How recent is the offense/transgression
c. How major/severe was the transgression
d. Incentives from government to provide chance at redemption
EEOC. (2017). Pre-Employment Inquiries and Arrest amp; Conviction. eeoc.gov. Retrieved 1 February…… [Read More]
Human Resources is an important part of any organization: it serves as the oil that helps the business's engine come to life. he parts all depend on the guidance, training, foresight, initiative, and diligence that HR staff exercise. HR is responsible for new hires, making sure the right persons are placed in the right roles, overseeing training, and providing assistance to employees seeking to discuss issues at the workplace. HR puts a human face and human touch on what can otherwise seem like a mechanical, highly impersonal and formalistic business world. Stress can be caused by impersonal factors -- such as disconnect between workers and management, or multigenerational outlooks that conflict and lead to negative feelings and will. However, stress does not have to been as an obstacle because it often points to underlying issues that need to be addressed, and in this sense should be viewed as an opportunity…… [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]
If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the defect that actually caused Karl's injuries and not…… [Read More]
More times than not, a patient will argue that he did not understand what the physician stated to him; even amidst documented proof the medical professional and the patient did engage in an informed conversation. "The fact that a meeting took place does not necessarily mean that there was a meeting of the minds" (Informed consent…, 2010, ¶ 5). This issue leads some health care providers to assert that informed consent forms possess little value, particularly when a legal battle ensues and the professional cannot prove the patient did, in fact, understand the informed consent process.
Currently, lawyers routinely challenge informed consent forms in courtrooms throughout the United States (U.S.). "The model consent forms incorporate substantial details of anesthesia techniques, risks and other elements of 'informed consent', so that a strong presumption is established on its face" (Informed consent…, 2010, ¶ 7). During the informed consent process, to help inoculate…… [Read More]
He suffered permanent injuries due to the after-effects of burns and exposure to frostbite (he was exposed to extreme cold for 14 hours after the crash before being recovered). It is also evident that defendant suffered wage loss due to his injuries and suffered pain and disability.
The facts of the case indicate conclusively that the accident was caused by negligence on the part of the pilot (Pokrass) resulting in injury to the plaintiff. Hence application of Res ipsa loquitor in the case is proper. The jury award of wage loss and for pain and suffering is also fair.
PASSENGER'S DUTY to the PILOT-in-COMMAND
In normal circumstances, a passenger (or passengers) owes absolutely no duty to the pilot-in-command in the event of a plane accident due to negligence of the pilot since in most commercial aircrafts the passengers are separated from the cabin crew and would not be aware…… [Read More]
Criminal law basically classifies crime into various categories that dictates the kind of criminal act, the mental condition, and the extent of punishment. The most common categories of crime are crime against persons, white-collar crimes, and crimes against property. Moreover, crime is further categorized by the selected punishment for the offense such as misdemeanor, felony, and petty misdemeanor. A felony is regarded as the most serious offense that is punishable by imprisonment exceeding one year while misdemeanors are offenses that are punishable by imprisonment of a maximum of one year. This is primarily because they are less serious crimes that do not involve incarceration in prison (Schneider, n.d.). Actually, almost all misdemeanor sentences are usually served in a local or county jail. In contrast, petty misdemeanors are crimes that do not need imprisonment such as that are always punishable by a fine.
Crimes against Persons and Crimes against…… [Read More]
Barnaby Willows owns a small boutique petting zoo in downtown Sydney. his petting zoo harbors two of each kind of local species of animal. he zoo is open to the public seven days a week for 8 hours a day. he animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. he petting zoo has been in operation since January of 2000; to date no member of the public has been injured by any of the animals. Paul Hogan has been an employee of Barnaby for the past two (2) years his main job includes tending to the animals in their cages. his includes feeding the animals and making sure they are comfortable at all times.
Barnaby has recently received an import of Coyotes from the United States Southwestern Cultural Center located in Phoenix, Arizona. he…… [Read More]
Wilkens is the owner of the beehives; Tom White is a businessperson who operates in the line of products from bees. Santo Baglieri, is an employee, working for Tom White in Wilkens property. From the case, it is apparent that the employer (Tom White) provided protective care, or rather a protective suit to his employee (Santo Baglieri). This act suggests that the employer recognized the possible harm that may arise when dealing with bees. In addition, neither the employer (Tom White) nor the beehive owner (Wilkens) verbally warned the employee (Santo Baglieri) of the dangers involved when dealing with bees.
Although earlier in the case, it is apparent that the employer (Tom White) provided a protective suit for his employee, it is apparent that he assumes that his employee (Santo Baglieri) is aware of the dangers involved. This is the most appropriate reason why the employer (Tom White) does not…… [Read More]
The Freedom Information Act of 2002 reported 2,351 occurrences of forcible sex offenses on campus and 1,670 in residence halls; 2,953 aggravated assaults on campus; 2,147 robberies on campus and 29,256 burglaries also on campus; and 1,098 arsons on campus in that year alone. This was the summary of campus crime statistics released by the U.S. Department of Education (Security on Campus 2004).
This document and national studies reveal the prevalence of sexual assault on both male and female college and university students. In a number of these recent surveys conducted in approximately 6,000 schools, one of four female students admitted to having been subjected to forced sexual contact or forced sexual intercourse and that 90% of them knew their offenders. At the time of assault, 75% of these male students and 55% of the female were either drunk or under the influence of drugs (Security on Campus).…… [Read More]
The Equal Employment Opportunity Commission (EEOC) is far and away the most prolific and omni-present agency that exists in the United States, at least at the federal level, that regulates employers and protects employees from discrimination and other unlawful and/or unethical employment practices including inequity in who is hired, who is fired, who is promoted and why, who is given raises and why and so forth. While budgetary constraints and some of the EEOC's recent decisions certainly deserve attention and scrutiny, the EEOC's status as the ultimate arbiter of employee rights in the United States is not going to change anytime soon.
The mission statement of the Equal Employment Opportunity Commission (EEOC) is to "stop and remedy unlawful employment discrimination" (EEOC, 2014). The vision statement of the EEOC is "justice and equality in the workplace." The EEOC states quite clearly on their website that they know full well,…… [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]
Legal Case; Ron is Hurt by Protestors What Action can he Take?
Ron has a potential claim under tort. Tort is seen when one person/party does something wrong against another (Edwards and Wells, 2015). For Ron to take action, three things should be present, the person accused of wrongdoing should have a duty of care, that the duty of care was breached, and that Ron (the plaintiff) suffered as a result of that breach.
Torts are a civil action, with three different types of tort actions possible; intentional, negligent, and strict liability torts. Intentional torts are seen where there is purposeful harm committed, including actions such as assault and battery (Glannon, 2015). Negligence is seen when actions where not purposeful, but where the result of an error or mistake, on the part of the wrongdoer, including not taking actions expected of a prudent person, may be seen as negligent if…… [Read More]
Case Study Analysis
Parents and their children have the legal right to be free from danger in the school place environment, including school provided transportation (buses). In this case, Alice was sexually assaulted by Chris, a student with a known history of sexual assault. The usual attendant riding the bus was absent on the day of the assault and the school did not supply a replacement. Having a window of opportunity, Chris used it to assault Alice. The protective plan that the district was supposed to use was not enforced. For that reason, the plaintiffs have cause to sue.
Alice and her parents are the plaintiffs and the school district is the defendant. The plaintiffs are suing for damages related to negligence and willful and wanton misconduct. The cause of the suit is the fact that the daughter was assaulted by a student during a period on…… [Read More]
1. In a civil action, how can a claim of negligent hiring have a greater chance of succeeding?
Jurisdictions have been increasingly putting laws in place pertaining to what makes organizations a potential target for a lawsuit on negligent hiring. Though in most instances, claims of negligent hiring may be effectively fended off, it proves increasingly tricky in the following cases:
· If the individual harming or injuring another is an employee of the company.
· If the employee is found guilty of harming, injuring or doing any damage to the complainant.
· If the organization was aware of, or ought to have been aware of, the employee’s tendency to inflict harm or injury.
· If the organization was inattentive when hiring the individual and failed to carry out a proper background check which could have identified the individual’s tendency to cause harm to clients or colleagues (McCrie, 57-60).…… [Read More]
This can be seen with the consistent accidents and violations that have occurred at different mines that the company owns, the most notable being the Acroma Alma Mine. In this particular case, the company was cited and charged with violating federal law. Where, it would plead guilty to 10 different counts and pay a $4.2 million fine in 2008. This is troubling because it underscores how the top management at Massey Energy did not care about the issue of safety at any of their mines. If they did, then the company would have a procedure in place to address issues of mine safety, which would have meant that they never would have received the 515 violations at the Upper ig ranch Mine in 2009. Instead, the company decided to aggressively appeal the different citations that they would receive. This underscores the overall sense of arrogance and disregard for the law…… [Read More]
The onus of who is responsible, the consumer, the private institutions, or even the government will come into question. A brief revue of the history of the credit card is also in order since the use of "plastic" money has certainly contributed to the identity theft crisis. Past and current legislation will be analyzed regarding this new crime in both its cyber and analog presentations. Lastly, an opinion and possible suggestions for the consumer to help safeguard their identity as well as what government and corporate institutions can do to not only help the consumer avoid identify theft, but if it has occurred, to assist them in rectifying the situation before too much damage is done.
What is Identity Theft? The encyclopedic definition of identity theft is the use of another person's identity, i.e. financial, personal, geographic or other source, to commit fraud or other types of misrepresentation. By using…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [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]