216 Search Results for Elements of a Tort
Analsysis
Possible Cases
The only valid torts causes of action are: (1) Malik vs. Daniel for battery in connection with Daniel's shoving Malik; (2) Malik vs. Stadium for negligence in connection with failing to maintain the integrity of the protec Continue Reading...
trespass, nuisance and a violation of zoning laws.
The first and perhaps most lucrative cause of action would be trespass. Trespass to land is an intentional tort to property. To establish a prima facie case for trespass to land, a plaintiff has to Continue Reading...
Product Liability: Warranties and Torts
Facts: Maria Gonzalez rented an apartment from Maria Garcia. Garcia installed a Morflo water heater, which was kept in an area inaccessible by tenants. The water heater and its manual contained extensive warn Continue Reading...
Crime
Flinn operated a loan brokering business without a license. Flinn was prosecuted for violating the statute required that persons engaged in the business of brokering loans obtain a license from the state. Flinn's defense was that he was unawar Continue Reading...
Mandatory Vaccinations
Ours is a privileged country. Serious communicable diseases are largely controlled in the United States, partly because we have a comprehensive network of public health systems to address pandemic threats, ready access to supp Continue Reading...
Law: Aviation Law Reflective EssayPart 1: ReflectionThe module is important with its relevancy to the Aviation industry since it would help understand the law of aviation in the country. When one has to adopt a professional career in a certain field, Continue Reading...
Negligence
Generally, In order to sustain a cause of action for negligence, a plaintiff must establish that the defendant owed him a duty of care, that the defendant breached that duty of care by his negligent commission of an action (or by his negl Continue Reading...
Vision and Mission, Risk Management, and Torts
The dedication of the Los Angeles Police Department lies in discharging her duties to the Los Angeles community and at the same time ensuring that the rights of every citizen are safe-guarded. In line wi Continue Reading...
This is not a new development -- international law had long recognised universal jurisdiction for piracy and slavery, for example -- but it marks an extension of the principle, in a modified form, into a new subject area' (emphasis added).
In fact, Continue Reading...
Criminal Attorney
The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or cri Continue Reading...
Amanda Todd Story
Cyber bullying is a relatively new concern that our society has to deal with. The Amanda Todd story fully illustrates the potential consequences of what cyber-bullying can have on young adults. Although the Amanda Todd story is ext Continue Reading...
Such determination is the goal of any arson investigation.
The advantages of accurate and thorough fire investigations should be obvious. All fifty states statutorily allow public investigations of all fires in an effort to determine their origins Continue Reading...
Her comments on her show do not even detract or defame the company directly, and could have led to a stock increase (something that would have hurt her short-sale position on the stock), and thus it would be difficult if not impossible to prove any Continue Reading...
Case Analysis: Jones v. StateIntroductionThis paper discusses the case of Jones v. State, in which Kimberly Jones sued the State of Maryland for negligent training of two deputies who allegedly used excessive force during an altercation while attempt Continue Reading...
Liability
On December 3, 1984; the lives of residents of Bhopal, India were changed dramatically. This occurred with the release of 40 tons of Methyl Isocyanate Gas (MIC) leaked from the Union Carbide plant. The result is that more than 3,800 people Continue Reading...
Case AnalysisCase 1: Palmateer v. International Harvester Company, 85 Ill. 2d 124, 421 N.E.2d 876 (1981)Parties: In the case of Palmateer v. International Harvester Company, the plaintiff was an employee of the defendant company.Facts: Plaintiff clai Continue Reading...
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 Continue Reading...
JP Morgan Chase
Role of administrative agencies
The securities and the banking system of a country are known to be one of the strongest and the most important foundations of an economy. To ensure that these systems do not move into negative or loss Continue Reading...
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 t Continue Reading...
JPMorgan Chase, in 2012, announced one of the greatest losses through high-risk gambles in securities investments, which are an essential foundation of the U.S. economy. The incidence that occurred in the summer of 2012 resulted in an estimated of $5 Continue Reading...
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] VR 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must inclu Continue Reading...
The other criteria to be used in the selection of the institutions of higher learning are their length of existence and size.
Data collection plans
Data is to be collected using questionnaires and triangulation is to be used in the process. This m Continue Reading...
acceptance, there must be consideration, the terms of the contract must be legal and there must be an intent to create legal relations (Riley, 2012). There must also be mutual consent and understanding of the meaning of the terms. For a contract to Continue Reading...
Mitchell. The left arm of the child had to be amputated because of the unsuccessful vascular operation. According to the court session, there was a question to be answered in relation to the agency theory in determining the role of Dr. Williams in t Continue Reading...
JPMorgan Chase, the biggest bank in the United States, incurred enormous losses in the summer of 2012 from investment decisions made by its Chief Investment Officer (CIO) worth $5.8 billion. While JP Morgan was the only major profitable bank during t Continue Reading...
Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. 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...
(Chizek, 2003)
The Role legal nurse consultant may provide service in a number of roles, including but not limited to:
Consulting expert
Testifying expert
Facility-based investigator
Trainer and in-service presenter
Peer reviewer
Quality impr 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...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.
Domicile
Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majori Continue Reading...
LEGAL ISSUE, STRUCTURE, and ANALYSIS
A.
LEGAL ISSUES-LIMITED PARTNERSHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liabl Continue Reading...
Legal Brief: Hotjox Magazine
Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olym Continue Reading...
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the Continue Reading...
Sexual harassment can be legally defined as "verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort o Continue Reading...
Managed Care Organizations: Basics of Negotiating and Contracting
Managed care organizations, and corporations generally, have legal departments or law firms that zealously represent their interests. Consequently, in the managed care environment, pr Continue Reading...
Laying of benefits that accrue to the student before the court further supports the case.
In conclusion, solving issues that dent school's safety is successful if it involves the students, school administration, parents and the community at large. Continue Reading...
Limitations of the Research or Gaps
A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldw Continue Reading...
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 tria Continue Reading...
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by author Continue Reading...