359 Search Results for Need to Prove Negligence
Ramberg v. Morgan
Case Summary
In terms of the Doctrine of Respondent Superior, the employer of the sued doctor would be or could be liable for the actions or inactions of Dr. Morgan. In this case, the police agency would be the party that is liabl Continue Reading...
Negligence
a) Elements of Negligence
Your son sustains a deep laceration on the leg, and you decide to bring him to the hospital for the doctor to perform the routine check-up and at the same time dress the wound. You stop the bleeding, disinfect, 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...
"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack 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...
Its claim of inebriated behavior by Margreiter was unsubstantiated by witnesses; its claim that he was well enough to travel also unsubstantiated based on medical treatment necessary when he returned to Denver. The subsequent surgeries and medical i 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...
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...
Law and Healhcare Administration
Law and Health Care System Administration.
Law and healthcare system administration
From its earliest conception as a highly paternalistic relationship, "the physician-patient relationship has evolved towards share Continue Reading...
Legal Definitions
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 Continue Reading...
Warranties
In the acquisition of goods and services, especially at the level of Government acquisitions, warranties serve to protect and guarantee the quality of these acquisitions. In these cases, warranties protect providers from expensive lawsuit Continue Reading...
(Regan & Regan, 2002) All the health care workers are surely part of some form of administration or a unit. Contrastingly, this law will not be applied to private practices because in those cases, only the direct health care worker is considered 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...
HANS PEDER JENSEN, by Executor of the Estate Carla Christine Jensen Plaintiff,
THE WHITE STAR LINE, Defendant.
The law suit was brought by Carla Christine Jensen, fiancee of Hans Peder Jensen and executor of his estate (as expressed in Mr. Jensen' Continue Reading...
Company audit occurs when there is need to examine the performance of a big company especially the financial and the accounting records over a given period of time. Professionals such as the certified public accountant always do the auditing. The aud 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...
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...
Physician-Patient and Hospital-Patient Relationships
The importance of the physician-patient and hospital-patient relationships
There exists a quite recommendable potential in the alliance between a patient and a physician. A patient, who puts trus Continue Reading...
Another option could be fro Bug to use a defense of proximate cause which states that for a negligent act or omission to be a proximate cause of damage, it must be a natural and probable (not just possible) result of a sequence unbroken by any inter Continue Reading...
sorts of legal protections should BUG have.
Bug automatically has protection of its trade secrets, which involve confidential issues such as product plans and new designs, any sort of business proceedings, and products under development prior to pa 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...
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...
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...
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...
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...
It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the Continue Reading...
D.I.G. Contracting
Fordham University has hired D.I.G. Contracting LLC for their services to dig a foundation for a new dorm room project. The company rushes to begin work however they do not call the "call before you dig" hotline to ensure that the Continue Reading...
Occupational Health and Safety
BSB41407 Certificate IV Occupational Health Safety BSBOHS408A: Compliance. 1. The difference OHS Act, OHS Regulation COP (code practice) legal requirements workplace . 2. Sources relevant legislation. 3.
The Managing Continue Reading...
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 exi Continue Reading...
" (DiCesera, 2002)
WHAT SHOULD BE DONE by FIRMS
Now that we understand what discrimination is and what are some of its various prevalent faces and forms, we need to understand what an organization can do to minimize discriminatory practices. Second Continue Reading...
Clery Act
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 Continue Reading...
Business Plan: Bridal Salon Business
Products and services
Keys to Success
Company description
Vision Statement
Mission Statement
Company background
Products and Industry
Product Description
Industry Description
The Market
Market and Targe 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...
International TortAn intentional tort is a type of tort that occurs when someone deliberately causes harm or injury to another person or their property. Unlike negligence, which involves a failure to exercise reasonable care, intentional torts involv Continue Reading...
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an Continue Reading...
Business Law: Saukars, Nib Corp, and Guesthouses.
In order to examine the potential legal issues between the parties, it is important to look at the contractual relationships between those parties. First is the relationship between the guesthouses a Continue Reading...
City of Boulder View -- ISSUE
The issue from the City of Boulder's point-of-view, and the one that would be presented to a Court, deals with the legality of legislating particular actions on city property. The City of Boulder would maintain that it Continue Reading...
Substance Induced Insanity
Psychosis is a psychiatric state that can either be enduring or temporary. A person suffering from the condition may experience memory lapses, incoherent speech or thoughts, lack of concentration, delusions and/or hallucin Continue Reading...