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...
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 Continue Reading...
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to others. All individuals realize that they may be subject to a judgment against them i Continue Reading...
TORT LAW Tort Law: Liebeck v. McDonaldsStep 1For this discussion, I elected to focus on the Liebeck v. McDonalds (1994) case. Sometimes in 1992, Liebeck bought coffee from McDonalds which she ended up spilling on her lap causing third degree burns o Continue Reading...
Australian Tort Law on Wilkinson v Downton Talk about whether or not the trigger of action in Wilkinson v Downton provides a viable remedy to victims of intentionally inflicted psychiatric harm in Australia these days. The Wilkinson v Downton judgm 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...
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...
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...
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...
Dangerfield and Associate Entities Upon examining this case, it's clear that the claims made by Hartman are completely legitimate. The claims made by Mitchell are somewhat legitimate. This paper will first examine the basis of the lawsuit waged by H 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...
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...
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...
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...
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...
It must be considered, as well, that genetic testing is a somewhat newer thing and the results can be skewed; so even if a doctor did do a test and results came up negative, there is a chance something could have been positive. Is the doctor respon Continue Reading...
WEEK 1 CHAPTER REVIEW JOURNAL BLWeek 1 Chapter Review Journal BLQuestion 1In my opinion, if the Court were to hear a new flag burning case, it should follow precedent and find that setting the American flag ablaze essentially constitutes free speech Continue Reading...
Only in conditions where ship owners fired up cold boilers, using Bunker C. fuel, when winds were blowing from the north, under not too dry or not too wet conditions, would possible damage occur. Under such conditions, the smoke particles could have Continue Reading...
Legal Aspects and Considerations "Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, Risk Management Tips Section, ¶ 5). C Continue Reading...
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. Building on a plot of land is a fixture that is considered part of real prop 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...
... If gun manufacturers are responsible for violence, why not the makers of the steel used in the guns?" (Levy, 2004, p. 80) The application of the principles of assumption of risk and product liability to incidents that are ever more removed from 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...
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...
ASBESTOS Workforce Health Risks WORKFORCE HEALTH RISKS AND REPUTATIONAL DAMAGE LINKED TO ASBESTOS IN COMPANY BUILDINGS. Usage of Asbestos Asbestos: A Long-Term Process Risks of Asbestos Asbestosis Lung Cancer Pulmonary Hypertension Mesotheli Continue Reading...
Here, criminal law is of course preemptive in all jurisdictions, yet enforcement is restricted to agencies dedicated to law enforcement investigation and apprehension of individuals. In spite of billions of dollars spent on homeland security, in th Continue Reading...
The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and Continue Reading...
Johnson Bank v. George Korbaken Company Johnson Bank v. George Korbakes Company Over the last several years, the role of the auditor has been continually evolving. This is because financial institutions are relying on the information they are provi Continue Reading...
The questions on legal liability issues were minimal as the field of legal issues is new in nursing. The questions addressed a theoretical part regarding the legal liability issues. They were no need of clarification since the questionnaires were ea Continue Reading...
Legal Research and Application Should there be caps on legal awards against organizations or practitioners? What are the pros and cons of limiting civil monetary awards? There are a number of tort reforms that are being promoted among the fifty sta 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...
