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 i Continue Reading...
Negligence Torts, Duty of Care and Available Remedies People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedi Continue Reading...
Negligence of Auditors Policy Considerations In the past one decade, there have been rampant cases against auditors, reflecting both on the litigious nature of a plaintiff's bar, which encourages claims against independent certified public accounta Continue Reading...
Sanders's injury was more as a result of the "hard falls" of softball, rather than any sort of "rough treatment" that occurred as a result of improper supervision. The "rough treatment" category of head-butting football players can easily be disting Continue Reading...
This being the case, the liability insurance company will pass the suit to their attorney, who will then be responsible for filling a written answer. The next phase in the litigation process will be a series of discovery, where each side will be gi Continue Reading...
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not. As for the trespass tort, it was found that insufficient evidence was available to prove wrong Continue Reading...
Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence? Negligence "A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar cir Continue Reading...
Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and b Continue Reading...
259). These authors assert that crowd management and crowd control constitute two additional vital issues that athletic facility management needs to address when hosting events at any stadium or venue. Event managers also need to understand the typ Continue Reading...
Causation: Irrespective of whether or not ABC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More pa Continue Reading...
Liability Criminal Liability and Healthcare Organizations Providing the highest quality care possible to patients is of course the overarching goal for any ethically operating medical establishments, and should guide most practices. There are othe Continue Reading...
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 so Continue Reading...
Atomic Mushroom should prevail. 6. The plaintiff would have available three possible causes of action related to the same set of facts: the taking of the keys. The first cause of action would be based in conversion. The problem in this approach wou Continue Reading...
Negligence Claim and the Doctrine of Respondeat Superior The situation at Don and his wife barbeque party is an example of a negligence and product liability case that resulted in significant burns on John's body. While Don was did not know that the Continue Reading...
English Law Negligence in Hospital Care? The Case of Jenny Wants a Penny Duty of care is defined in different ways depending on the specific circumstances involved in any one case, according to precedents set in various tort cases. In one of the m Continue Reading...
BK Product Liability Product liability is a complicated and expansive sect of law and society. The role of the consumer is very important in the economic processes and political organization of our environment. As a result of this influence, product Continue Reading...
Product Liability Today's society is a consumer-based system where relationships are expressed when people buy products from companies. Product liability when accidents occur has become a focus point for many court cases and rulings. The purpose of Continue Reading...
Products Liability Research: Mattel Inc. is a company that was founded in 1944 by Elliot and Ruth Handler that designs, manufactures, and markets a huge range of toy products. The firm is headquartered in California with its core product lines inclu Continue Reading...
Rachel and Choo Hospital Choo Choo's Liability The fact that Rachel was initially discharged from the emergency department following examination by a physician with nothing more than a prescription for pain medication when she was in fact suffering Continue Reading...
Bobby and Rachel Liability There is potential liability on the part of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General Hospital. In this essay, the author will consider each party's responsibility and pot Continue Reading...
Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. Such a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the dis Continue Reading...
Legal Issues Case Study Plastics and resins are manufactured in the United States using petroleum products including liquid petroleum gases (LPG), natural gas liquids (NGL), and natural gas since they are fuels in the manufacturing process. Given th Continue Reading...
Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United Continue Reading...
Liability of a Negligence Judy Taylor 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 fo Continue Reading...
Libel Cases Liable is one way of preventing, someone from making false claims about another person. At the heart of these cases, is a focus on having varying degrees of proof. This means that private citizens have lower standards for demonstrating t Continue Reading...
Civil Liability The issue of the use of force and civil liability amongst police officers has been the subject of debate for many ears. The Rodney King trial and subsequent riots brought a great deal of attention to the excessive use of force and th Continue Reading...
Non-Profit and for-Profit Ethical and Liability Issues This paper examines the ethical and liability issues that non-profit corporations and for-profit businesses face, and compares them. Non-Profit Corporations and For-Profit Business: A Compariso Continue Reading...
Civil versus Criminal Liability Introduction Criminal justice practitioners do have a civil liability that puts them at risk of being sued by the public. The purpose of civil liability is to encourage accountability and responsible in the field of cr Continue Reading...
Claim of NegligenceIn determining whether negligent care occurred, proper assessment is needed. This paper discusses the elements necessary for a case of negligence to be claimed. It then evaluates the case of the unstable child under the care of the Continue Reading...
Unintentional Torts 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 deriva Continue Reading...
State v. Burrell 1. In the State of New Hampshire, Marc Burrell was convicted in a jury trial on the count of manslaughter. State v. Burrell refers to Burrell’s appeal of the original conviction. The grounds of Burrell’s appeal were that Continue Reading...
Accounting Journal Entries A/P A/R Cash Liabilities AP AR Cash Liabilities Cash Cash Liabilities Reserve Theory Alan Moser and Stephanie Philips operate a successful software business in Brisbane. Alan and Stephanie are existing client Continue Reading...
Physicians must possess proper licensing and go through a myriad of processes in order to qualify to practice medicine. The state of California as it pertains to physicians does not have a specific language within its state statute, neither its admin Continue Reading...
Ayn Rand, "Antitrust: The Rule Unreason" alleged purpose Antitrust laws protect competition; purpose-based socialistic fallacy a free, unregulated market inevitably lead establishment coercive monopolies. Remarks on Causation and Liability This re Continue Reading...
Healthcare Reform "Simkins v. Moses H. Cone Memorial Hospital" The case of Simkins v. Moses H. Cone Memorial Hospital was a case that attempted to end the segregation of African-American and Whites in the U.S. hospitals and medical professions as a Continue Reading...
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 Continue Reading...
S. No. 04-1739 (2006) Facts: Issue(s): Ruling: Analysis: Minority Rationale: Comments: Two examples of where rights are limited in the ownership of land or property: Servitudes and easements are put into place... Servitudes and easements can Continue Reading...
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 LI Continue Reading...
Justice and lawful coexistence is not always easy to understand or comprehend. Abstract laws only gain meaning when applied through real life experience. The purpose of this paper is to examine a specific incident in which a large business is being Continue Reading...
