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Tort Law Case
Questions for Barney
Barney, how long have you known the plaintiff? Have you lived next door to each other the entire time you have known one another?
How would you describe your relationship with the plaintiff? Has it been consistently the same over the years, or has it changed? Would you characterize it as friendly, perhaps even as a friendship or a close friendship?
Have you and the plaintiff every had any problems or disagreements in your relationship prior to the incident for which we are here in court?
Do you socialize with the plaintiff? How often do you socialize with the plaintiff and what kinds of things do you do when you socialize together? Do your families accompany you when you socialize, is it just the two of you together, or does it vary?
How often has the plaintiff borrowed your riding lawn mower since you…… [Read More]
Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them. There are three types of tort law including:
(2) Intentional; and (3) Strict liability torts. (Investopedia, 2013, p.1)
Description of Different Types of Torts
Negligent torts relate to harms done by one person to another in terms of their failing to exercise what is known as a reasonable standard of care and specifically such as accidents that occur due to carelessness. Intentional torts are such that involve willful misconduct on the part of an individual and strict liability torts are such that are…… [Read More]
Tort Law and Trident Diving Company
An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving Equipment. In this instance, the item has the propensity to cause drowning in those who use it even when properly installed. Trident has received one report of the hose leaking. No injuries have been reported due to the use of this product, however, if the product had not been recalled immediately after the CPSC received its initial complaint, the manufacturer would have been liable for the eventual drowning deaths of those who unwittingly use the faulty product. According to the American system of tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In many instances,…… [Read More]
The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind of power."
ho was impacted by Courtney's actions? Some of the patients included Mary Ann Rhodes, Delia Chelston, among 4,200 others. His actions also impacted about 400 doctors, who had sent patient to Courtney with prescriptions for cancer-fighting medications. All the patients that were buying cancer-fighting drugs from him were greatly impacted by his actions, along with the families of the patients he fooled. The families were surely hoping that these expensive drugs would cure or at least help…… [Read More]
The tort actions in this case would be the glass in the food that started the event in the first place. The other waiter caused a tort action when he spun into Anna's waiter causing him to be burned with the flaming dish. Anna's waiter would have caused another tort action by throwing the flaming apron and causing a table cloth to be caught on fire as well. This caused the smoke inhalation and burn injuries to the patrons. People panicking and running to get through the revolving door caused a tort action when the old lady got trampled and injured. Another tort action took place when Anna was taken to surgery, mistaken as another patient, and suffered an inappropriate amputation. The restaurant only having a revolving door and no other exit for the patrons to escape the fire could also be another tort action against the restaurant…… [Read More]
There are many in this case that should be taken to court in different capacities as liable parties. The school should be considered liable from the standpoint of not having the school grounds locked down during periods of time when the school is closed or they should have someone patrolling the grounds. The school is also responsible for checking the workmanship of the playground equipment and seeing if it is safe for children to play on or with. The fact that the rim of the basketball goal is several feet high doesn't negate the fact that children will find a way to get up there and the equipment should have been checked by the school to see if it was safe. The company that installed the playground equipment should also be liable because they obviously did not check the equipment to see if it was safe. When Bobby arrived at…… [Read More]
tort law, including the pros and cons of tort law and the importance of tort law in business environments. In addition the paper will investigate the potential effects of tort reform, and review cases related to tort law, and how it may affect American businesses and consumers. Tort law is an important issue to explore because it relates to the issues of product liability, negligence and financial gain or loss. Today businesses pay out millions of dollars in claims resulting from product liability, manufacturing problems, and losses pertaining to injuries resulting from these claims. The highest payouts typically result from claims arising from physical and emotional distress. If a company can establish a standard for evaluating the seriousness of physical and emotional injury, and limit the liability associated with such claims, they can limit the amount of economic impact associated with tort claims now and into the future.
Overview Tort…… [Read More]
Austalian Tot Law on Wilkinson v Downton
Talk about whethe o not the tigge of action in Wilkinson v Downton povides a viable emedy to victims of intentionally inflicted psychiatic ham in Austalia these days.
The Wilkinson v Downton judgment ceated a consideable fame of juispudence not only in England, but additionally within Ameica, as well, dealing with claims elating to "outageous as well as exteme conduct delibeately o pehaps ecklessly leading to seious emotional and psychological distess to anothe individual" (Simmons, 2007; 719). In Austalia, howeve, Latham CJ while in Bunyan v Jodan acknowledged that in case an individual "intentionally pefoms an action, of a type, measued to induce bodily ham ... And then actually causes bodily ham to that paticula individual, he is cetainly accountable in damages (Simmons, 2007; 719)." It was held that "measued" meant objectively most likely to manifest. Latham CJ pointed out the text in…… [Read More]
One recent case of medical malpractice settled under tort law was that of Larkin v Dedham Medical Associates, which was concluded in 2015 in Norfolk Superior Court in Massachusetts. In this case, Larkin suffered a stroke hours after giving birth, and was paralyzed from the waist down as a result of this stroke.
Prior to the stroke, Larkin has run in the Boston Marathon, but suffered dizzy spells thereafter, and was admitted to Dedham Medical Associates with those symptoms. At this time, she was given MI and CAT scans, which showed brain abnormalities. As such, Dedham was required to put Larkin on a "special list of patients with certain medical conditions that other doctors can access" (Andersen, 2015). However, her name was not put into this database. As such, her obstetrician was not aware of her brain issues. Had this information been known, Larkin would have been given…… [Read More]
In a somewhat clandestinely released report prepared for the Department of Energy, Advanced Resources International measures the economic effects of the regulations recommended by environmental groups." (Loris, 1) This type of willful hostility toward the environmental movement, ironically, provides as explicit a case for the use of hard-and-fast regulatory standards for the administration of industry practices as any form of advocacy, demonstrating the extent to which these entities will go to undermine efforts at protection.
The fundamental weakness of regulation in its current form is its susceptibility to manipulation. Such modes as the provision of emission credits literally allows companies to make an active decision regarding the economic implications of tax credits and penalties. It is rare that such a company will resolve that it would be benefited by reducing its emissions. Most companies instead tend to find that it is more worthwhile to absorb the cost of penalty or…… [Read More]
Tort law deals with causing personal injury or harm to another in a non-criminal manner. Negligence is the most often cause for violations of tort law. Private security officers need to understand this concept due to the unique nature of their job. Negligence can be claimed if reasonable care is not taken by the officer in the course of his duties. As an authority figure, reasonable care is to be expected to be higher for this particular occupation.
Private security officers are often asked to protect valuable property for their clients and customers. Property laws deal with ownership of tangible and sometimes intangible things. Property seems hard to classify at times due to the shifting notions of ownership, however officers need to understand the concept of ownership and what is to be protected in the course of their duties.
Contract and usiness Law
Contracts…… [Read More]
The tort law reforms proposed at the national public liability summit in 2002 were described in a letter read into the record as being "a sensible mechanism for ensuring small businesses and community organisations can remain in operation and access public liability insurance. They are part of a range of practical measures to deal with this issue" (Commonwealth of Australia Parliamentary Debates 2002, p. 2900). The point was also brought out during the national public liability summit that there needs to be a national uniform approach to the adjudication of tort laws given the different approaches being implemented by the several states (Commonwealth of Australia Parliamentary Debates 2002, p. 2905). This need was echoed by the editors of Defense Counsel Journal the eview who recommended ". . . that uniform, or at least very similar, legislation be enacted in each jurisdiction. This may well be a forlorn hope, given that…… [Read More]
Harriet Rose, etc., respondent, v Jonathan Zinberg, etc., appellant, et al., defendants (2015 NY Slip OP 04302 (N.Y. App. Div. 2015) (Casetext, Inc., 2015), a New York medical malpractice case for wrongful death based on delayed diagnosis. Bennett Rose, the decedent, had 3 colonoscopies on: January 3, 2003; December 14, 2006; and October 11, 2007. In each case, Rose had polyps that were removed but the diagnosis was that there was no cancer. Two months after the 2007 colonoscopy, Rose, who was 72 years old, began feeling abnormally weak and tired. He was diagnosed with anemia, received hemoglobin transfusions at the hospital and felt better. The anemia returned and another colonoscopy on April 28, 2007 showed a large 8-centimeter cancerous tumor in his ascending colon that had already metastasized to his liver. At that time, he was diagnosed with cecal carcinoma and died from it on July 15, 2009.
Rose's…… [Read More]
In common law, a tort is a civic wrong that causes a plaintiff to suffer harm or loss which results in legal liability for the individual (defendant) who committed the tortious act. The goal of filing a tort claim is to receive a private civil remedy or monetary compensation for the tort action. In essence, a claim for a tort action seeks to obtain remedy or compensation for purposeful infliction of negligence, injuries, emotional distress, invasion of privacy, and financial losses. There are different kinds of tort claims including intentional torts, negligent actions, miscellaneous torts, product liability issues, and strict liability. However, for an individual to win a tort claim, he/she must adequately prove that all aspects of the tort law were committed. In this scenario, there are some individuals who could file a claim for a tort action.
Tim (plaintiff) has a claim of tort action against the…… [Read More]
Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology?
Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. However, there are numerous considerations to be made within this realm: constitutional law, property law, contract law, tort law, cybercrime, criminal procedure, evidence law, and cyber war. This paper will examine how the law is only barely keeping up with advancing technology in the realm of cyber forensics and legal considerations. Specifically, it will examine the role of cyber forensics today, the role of cyber space in today’s digital world and where legislation and legal system fails to keep up with the needs of people and businesses. The paper will focus on what amendments have been made to the Constitution, what bills have been passed in relation to cyber security and cyber forensics,…… [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]
Tort reform has been on the lips of politicians and attorneys for many years. In the United States, it is a contentious political issue with strong feelings on both sides of the issue. U.S. tort reform advocates propose procedural and time limits on the right to file claims as well as capping the amounts of damage awards. The supporters of the existing tort system argue that the reformers have misrepresented the issues and criticize tort reform as favoring corporations. In this essay, the author will briefly look at both sides of the issue. Then, we will examine possible solutions in the form of a social security type of system that would issue payments to tort recipients from a government run accident insurance fund that corporations and citizens would both contribute to. Such an approach would however constitute a major change in the tort system of the U.S. which is fundamentally…… [Read More]
Claudio did not have to let them in since they lacked the proper warrants State Immigration Department acted without warrants Without obtaining the requisite warrants, they had come into the restaurant, stationed an official at each door, barred exit from exiting and began interrogating Ricardo in the kitchen. Ricardo in the kitchen. In fact, Ricardo was on a valid working holiday visa. Ricardo would likely have a possible recourse for suit against the State Immigration Department for nuisance, especially if he would not lose his job over the incident since special damage to the plaintiff is not required. Rather, in an action for false imprisonment the detention and the "directness" of the cause must be proven. Then, it is for the defendant to demonstrate the lawfulness in justification. There is no onus on the plaintiff in establishing unlawfulness as one of the elements of the tort as the liberty of…… [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]
However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability.
Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable.
As demonstrated, tort…… [Read More]
President Bush came into the hite House with a history as a 'tort reformer.' True to his record, the President backed a 'tort reform' bill last year that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue and includes the following:
summary of the proposed public policy on tort reform
The impact of the policy (who shall be affected?)
The lobbying efforts in favor of and against the tort reforms
The present tort reform proposal is restricted to…… [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]
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies.
Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or likeness and publicity placing the plaintiff in a false light. There are several different claims that are detailed in this chapter, including claims involving privacy for third persons. Finally, the last subchapter includes a reference to related torts, such as the breach of confidential relationship.
Chapter 10 is a general chapter that presents other torts that have not been included in any of the other chapters. Other torts include misrepresentation, negligent misrepresentation, injurious falsehood and interference with economic relations. At…… [Read More]
What torts are present in the scenario?
In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness that resulted in bodily, emotional or financial harm. The way that this is affecting Phyllis, is with the restaurant ignoring the fact that she is bleeding profusely. Then, at the hospital the doctor amputated her foot vs. removing the piece of metal from her mouth. ("Types of Torts," 2012)
Strict liability tort is when the other party can collect damages from a particular activity being dangerous. In Phyllis' situation, she can use this to make a claim against the hospital. This is based on the fact that she is seeking out medical treatment (which is considered to be hazardous). ("Types of Torts," 2012)
Who are the potential plaintiffs and defendants…… [Read More]
In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it.
Elderly Lady v. Italian estaurant
Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he could to be careful, but whether the defendant's conduct was that of a hypothetical reasonably prudent person placed in the same or similar circumstances (Kionka, 2006). In this case because there was only a revolving door the patrons were not able to get out of the restaurant in the fire emergency. The Italian estaurant would be guilty of negligence in regards to the elderly lady who was injured as patrons tried to escape.
Anna v. Surgeon
The…… [Read More]
If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable (meant to harm). The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur.
Other types of tort actions against a plaintiff consist of false imprisonment (confinement or restraint of the victim), trespassing with intent to damage property, deliberately inflicting mental distress (mental abuse) in which the victim may or may not demonstrate physical evidence of such distress.
Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements…… [Read More]
Shedd, P. orehead, J. & Pagnattaro, . 2008). The Court however, in absence of any special relationship between Burger King and Iannelli does use the Walls case to highlight "particular circumstances which can give rise to such duty" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008).
In deciding the case in favor of the plaintiffs, the court indicates that it was the duty of the Burger King establishment to recognize that the precipitant to the attack on Iannelli was the "teenagers' obnoxious, open, and notorious behavior in the restaurant" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008). This behavior "could reasonably have been anticipated to escalate into acts that would expose patrons to an unreasonable risk of injury" (Reed, O. Shedd, P. orehead, J. & Pagnattaro, . 2008). The court recognizes that "particular circumstances" warrant the defendant to take affirmative action to reduce the risk of…… [Read More]
Tort / Business Law Questions
Chapter 24 Product Liability: Warranties and Torts
The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…… [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]
Some legislators believe that such suits encourage companies to ensure that there products are safe. Other law makers, however, believe that such suits are excessive and can prevent companies from being able to recover.
Another form of tort reform that as been suggested is known as "loser pays. This type of legislation is based on the English Rule (Protecting Firestone and Ford Federal Tort Reform). This particular proposal would force the loser in a lawsuit to pay all the expenses associated with bringing the lawsuit (Protecting Firestone and Ford Federal Tort Reform). This is already a part of the rules of the court in the British system. The purpose of such a reform is to minimize the number of frivolous lawsuits that end up in court. Having such a law discourages people from filing suits that cannot be won. These lawsuits also encourage people to settle their differences outside of…… [Read More]
Tort walk was conducted by the undersigned and others at a local middle school in Broward County. The school was examined from the point-of-view of structural anomalies that could cause harm and injuries which could result in an action for a tort. Tort in this case could be based on negligence or injury and damage of property and if the violation of statutes goes with it then the school may be really responsible for the injuries. This position being taken the walk therefore concentrated on the structure of the building, the human traffic areas namely corridors and hall ways, the problems of the physical education set up and the soundness and safety of the school and the playground equipment. These issues are the likely source for injuries and complaints and hence these were examined in detail.
Identification of three areas of concern:
As stated above the building hallways, PE Class,…… [Read More]
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]
Defenses, Privileges, And Damages
Statute of Limitations
Defamation and Invasion of Privacy
Defenses, Privileges, and Damages
Mass Tort Law Defense
The court ruled that the damages claimed from DuPont was primarily on the allegations of injuring local residents through the contamination of their property by the release of harmful substances like cadmium, arsenic and lead at the zinc smelting site of the company.
The case is a classic example of strict Tort. This is a case where the accused did not intentionally intend to cause harm to the injured and yet the actions resulted in alleged harm and discomfort. In this case, though DuPont did not intend to cause harm directly, the actions of the company allegedly caused harm to the local residents in terms of contamination and the injury to their property.
In the future companies would be more careful to take care of the possible…… [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]
Civil vs. Criminal Law
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…… [Read More]
It is hard to argue with the legitimacy of that consideration.
Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.
The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…… [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]
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]
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.
Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.
VIII. Fraud…… [Read More]
tort case, I will refer to Matsuyama v Birnbaum, which is a tort case involving wrongful death, with healthcare defendants. This is an interesting case because malpractice suits of various types are one of the causes cited by casual observers as being contributory factors in the high cost of health care in the United States. This case relates to standard of care, wherein the medical practitioner was accused of not delivering an acceptable standard of care, and that this failure was the cause of the deceased's passing. At issue in this case was the use of medical experts to determine whether the physician in the case met the acceptable standard of care. Such standards are used as benchmarks in tort cases involving malpractice, so determining what the acceptable standard of care is a critical issue in any such case. The methodology by which that standard is established was one of…… [Read More]
Legal Ethics Surrounding the Love Canal Tragedy
Love Canal Law/Ethics
In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).
Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues…… [Read More]
What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor?
Under contract law, the employer is referred to as the principal and the employee is referred to as the agent. Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. In contrast, employer/employee relationships and employer/independent contractor relationships typically apply in tort law.
The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. (Community for Creative Non-Violence v. Reid, 490 v. U.S.730 (1989). Independent contractors typically control their own schedules and progress on a work assignment.
Identify, define and discuss the categories of…… [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]
The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.
Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.
The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods…… [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]
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]
Third Party Patient
The Doctrine of Apparent Agency
June, a 34-year-old divorced woman diagnosed with severe anorexia, is hospitalized. Her doctors feel she may need to be placed on a feeding tube soon to save her life. Initially June agreed to the feeding tube. However, in the evening (before the tube has been placed), she became combative, disoriented, and refused to have the feeding tube placed. Her mother and father insisted that the feeding tube be inserted despite her refusal to allow it. Her ex-husband wishes to uphold June's decision. The hospital administrators seek risk management for legal counsel.
Explain how the Patient Bill of ights applies to this situation.
The Patient Bill of ights articulates U.S. federal law on the doctor-patient relationship, and is consistent with laws on informed consent where licensed professional practice respective to patient well being is in order. Confidentiality of patient record is perhaps…… [Read More]
The at-will doctrine has its negatives and its positives. The positive for the at-will employee is that it puts no contractual obligation between employee and employer. Either is free to quit the relationship at any time: the employee may quit, or the employer may fire the employee without notice or having to supply a reason. Of course, like with any rule there are exceptions; for instance, any employer cannot fire an employee for reasons of race, creed, ethnicity, etc. And recent interpretations of the National Labor Relations Act by the National Labor Relations Board have essentially seen to it that employers may not fire employees because of criticisms made by the employee of the workplace via social media (Riddle, 2016; Cavico, Mujtaba, Muffler, Samuel, 2013). The negative side of the at-will doctrine is that it can impair or limit employer-employee relationships. It inspires little loyalty in the sense…… [Read More]
Leflar's Analysis Of Medical Malpractice eform
Leflar (2013) analyzes how medical malpractice reform is affecting the health care industry in his medical ethics study entitled "Medical Malpractice eform Measures and Their Effects." Leflar describes three types of reform initiatives placed into effect in the recent past: limited-liability reforms which favor the health care providers, procedural reforms said to promote safe harbor laws, and systematic overhaul reforms which "move liability away from physicians to hospitals or administrative no-fault compensation systems" (Leflar, 2013, p. 306). Leflar also assesses the current state of reforms already in place, such as damage caps, and that they ineffective at achieving the aims sought by medical malpractice reformers. Leflar suggests that more attention should be given to reforms which concentrate on no-fault systems, safe harbor laws, patient comp funds, early offers, etc.
Leflar notes how malpractice law stems from the tort law and that the earliest laws…… [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]
Tort Reform Necessary? hy?
There is no doubt that America is a litigious society. It is a right built into the U.S. Constitutional that citizens can bring litigation against a person or entity when real (or imagined) harm has been done. Justice should be within reach of all Americans in that sense. But is there a point where too many lawsuits are launched over issues that are seemingly petty? And are there institutions that need protection from litigation? These issues will be addressed in this paper.
Tort Reform is necessary: Dr. Jeffrey R. Cornwall writes in The Christian Science Monitor that small businesses are "…the most impacted by liability costs," and in fact he believes the current economic recovery in the United States cannot reach fruition without tort reform at some level (Cornwall, 2010, p. 1). Cornwall cites a recent study by the U.S. Chamber Institute for Legal Reform (ILR),…… [Read More]
Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)
hat defenses may be available to BUG?
BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a car accident, making it the fault of the driver or robber, not BUG's inability to protect the employee of the vendor company. However, even if a car accident occurs "while the employee was driving from his office to a client's site," on a professional matter, the employer will likely be liable for the accident, thus BUG's legal fate does not look salutory. (Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)
Tort Liability Basics: Strict, Vicarious,…… [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]
trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]
Kapoor G.K., (n.d). Business Law Including Company Law. Chapter 1
his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law. he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…… [Read More]
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…… [Read More]
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District
It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…… [Read More]