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. To Continue Reading...
Negligence FACTS: Precise Engineering Corporation had a contract with Quik Mart Stores to provide customized software for Quik Mart Stores' inventory control system. A Precise Engineering Corporation subcontractor is induced by a Quik Mart competi Continue Reading...
Business Law The Differences between Civil Law and Criminal Law: To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and t Continue Reading...
Company Law The functions of company law What is covered in the company law? The legal implications of 'pre-registration contracts' The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen Continue Reading...
Torts in the Civil Court System Within the American judicial system it is necessary to differentiate between actions committed by an individual which cause suffering, harm or loss to another person, and those which cause injury to society at large. Continue Reading...
Defenses, Privileges, And Damages Strict Liability Immunities 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 Continue Reading...
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 Continue Reading...
Tort 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 r Continue Reading...
Negligent Tort 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 cl Continue Reading...
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 Continue Reading...
Workers Compensation Law The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries Continue Reading...
Business Law and Manufacturer Responsibility From a business law perspective, the case involving a woman and her unattended food causing a house fire in her New Jersey home is an open and shut case. As the consumer involved in the case, Brenda Herff 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...
Negligent Torts Proximate Causation, Duty of Care and "But for" According to Bjorklun (1999), the largest amount of litigation in the area of personal injury consists of unintentional torts. The definition provided by Black's Law Dictionary indica Continue Reading...
Civil vs. Criminal Law Goals 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 Continue Reading...
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 ma 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...
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 medic Continue Reading...
The court held that the defendants could not be held liable for the injury under Georgia's fireman's rule (Legally Speaking). Unlike the case in South Carolina, Georgia does acknowledge the fireman's rule as law and as such the EMT could not receiv 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...
Aviation Law: Reflective Diary ExerciseWord Count: 900Part 1:ReflectionThe topic covered in the modules is tort law. I found this topic very interesting since it is more interested in compensating the wronged individuals rather than punishing the per Continue Reading...
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 bei Continue Reading...
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 Departme Continue Reading...
Product Liability Tort RISK AND RESPONSIBILITY A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss Continue Reading...
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 Continue Reading...
Business Law 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 c 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...
Third Party Patient The Doctrine of Apparent Agency Scenario: 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 ag Continue Reading...
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 c Continue Reading...
Wendy Wanderer Most states have an 'attractive nuisance' clause, which stipulates that homeowners must ensure that their property does not contain 'attractive nuisances' that can encourage children to engage in dangerous behaviors. But an attractive 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...
Florida Negligence Analysis Legal Claims for Cal Negligence- Abe The first claim that Cal can bring is negligence against Abe for causing the accident. Negligence is the failure of an individual to use reasonable care. Under Florida law, negligenc Continue Reading...
Negligent Tort 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 possibl Continue Reading...
Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with Continue Reading...
Federal Tort Claims Act Federal Tort Claims The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual can sue the federal government for personal damages, like loss 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...
Negligent Tort 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 partic 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...
