Tort law essays

Tort law essays

Negligence is the most often cause for violations of tort law. Laws Relating to Different Businesses Laws Related Words: Length: 2 Pages Document Type: Essay Paper : he animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. The statutory language clearly states that the Defendant would tort law essays be in a position to win tort law essays case; however, the Court does have the authorization to reduce the amount of damages awarded to the Plaintiff to equal the negligence committed on behalf of the Defendant. All paralegal courses are taught by experienced attorneys, and courses are held in the evening to accommodate working students. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…, tort law essays. Bibliography Brisbane Authority v Taylor 70 ALJR at

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Tort Law Case Questions for Barney Barney, how long have you known the plaintiff? Have you lived next door to each other the entire time you have known one another? How would you describe your relationship with the plaintiff? Has it been consistently the same over the years, or has it changed? Would you characterize it as friendly, perhaps even as a friendship or a close friendship? Have you and the plaintiff every had any problems or disagreements in your relationship prior to the incident for which we are here in court? Do you socialize with the plaintiff? How often do you socialize with the plaintiff and what kinds of things do you do when you socialize together?

Do your families accompany you when you socialize, is it just the two of you together, or does it vary? How often has the plaintiff borrowed your riding lawn mower since you…. References Green, Sarah and Randall, John. Portland: Tort law essays Publishing. Statsky, William P. Tort law essays West Legal Studies. Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law, tort law essays. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them.

There are three types of tort law including: 1 Negligence; 2 Intentional; and 3 Strict liability torts, tort law essays. Investopedia,p. Intentional torts are such that involve willful misconduct on the part of an individual and strict liability torts are such that are…. Works Cited Levmore, S. asp Vetri, D. LexisNexis Law School Publishing Advisory Board. Tort Law and Trident Diving Company An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving Equipment. In this tort law essays, the item has the propensity to tort law essays drowning in those who use it even when properly installed.

Trident has received one report of the hose leaking. No injuries have been reported due to tort law essays use of this product, however, tort law essays, if the product had not been recalled immediately after the CPSC received its initial complaint, the manufacturer would have been liable for the eventual drowning deaths of those who unwittingly use the faulty product. According to the American system of tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

In many instances,…. References CPSC. Consumer Product Safety Commission, Trident diving equipment recalls high-pressure scuba diving air hoses due to drowning hazard Recall date: APRIL 18, Recall number: His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, tort law essays, that can be seen as "another kind of power. Some of the patients included Mary Ann Rhodes, Delia Chelston, among 4, others. His actions also impacted about doctors, who had sent patient to Courtney with prescriptions for cancer-fighting medications. All the patients that were buying cancer-fighting drugs from him were greatly tort law essays by his actions, along with the families of the patients he fooled.

The families were surely hoping that these expensive drugs would cure or at least help…. Works Cited Draper, Robert. The Toxic Pharmacist. The New York Times. Encarta World English Dictionary Retrieved August 7,from Microsoft Word Software. Tort Law The tort actions in this case would be the glass in the food that started the event in the first place. The other waiter caused a tort action when he spun into Anna's waiter causing him to be burned with the flaming dish. Anna's waiter would have caused another tort action by throwing the flaming apron and causing a table cloth to be caught on fire as well. This caused the smoke inhalation and burn injuries to the patrons. People panicking and running to get through the revolving door caused a tort action tort law essays the old lady got trampled and injured.

Another tort action took place when Anna was taken to surgery, mistaken as another patient, and suffered an inappropriate amputation. The restaurant only having a revolving door and no other exit for the patrons to escape the fire could also be another tort action against the restaurant…, tort law essays. Bibliography Elements of Negligence. There are many in this case that should be taken to court in different capacities as liable parties. The school should be considered liable from the standpoint of not having the school grounds locked down during periods of time when the school is closed or they should have someone patrolling the grounds.

The school is also responsible for checking the workmanship of the playground equipment and seeing if it is safe for children to play on or with. The fact that the rim of the basketball goal is several feet high doesn't negate the fact that children will find a way to get up there and the equipment should have been checked by the school to see if it was safe. The company that installed the playground equipment should also be liable because they obviously did not check the equipment to see if it was safe. When Bobby arrived at…. References The history of EMTALA. htm August 7, Comparative negligence, tort law essays.

Joint and several liability. West's Encyclopedia of American Law, tort law essays. Retrieved August 07. tort law, including the pros and cons of tort law and the importance of tort law in business environments. In addition the paper will investigate the potential effects of tort reform, and review cases related to tort law, tort law essays, and how it may affect American businesses and consumers. Tort tort law essays is an important tort law essays to explore because it relates to the issues of product liability, negligence and financial gain or loss. Today businesses pay out millions of dollars in claims resulting from product liability, manufacturing problems, tort law essays, and losses pertaining to injuries resulting from these claims.

The highest payouts typically result from claims arising from physical and emotional distress. If a company can establish a tort law essays for evaluating the tort law essays of physical and emotional injury, and limit the liability associated with such claims, they can limit the amount of economic impact associated with tort claims now and into the future. Overview Tort…. References: Eisenbrey, Ross. htm Green, tort law essays, Michael D. Austalian Tot Law on Wilkinson v Downton Talk about whethe o not the tigge of action in Wilkinson v Downton povides a viable emedy to victims of intentionally inflicted psychiatic ham in Austalia these days. The Wilkinson v Downton judgment ceated a consideable fame of juispudence not only in England, but additionally within Ameica, as well, dealing with claims elating to "outageous as well as exteme conduct delibeately o pehaps ecklessly leading to seious emotional and psychological distess to anothe individual" Simmons, ; In Austalia, tort law essays, howeve, Latham CJ while in Bunyan v Jodan acknowledged that in case an individual "intentionally pefoms an action, of a type, measued to induce bodily ham And then actually causes bodily ham to that paticula individual, he is cetainly accountable in damages Simmons, ; Latham CJ pointed out the text in….

references Annetts v Australian Stations Pty Ltd. Tort Law One recent case of medical malpractice settled under tort law was that of Larkin v Dedham Medical Associates, which was concluded in in Norfolk Superior Court in Massachusetts. In this case, tort law essays, Larkin suffered a stroke hours after giving birth, and was paralyzed from the waist down as a result tort law essays this stroke. Prior to the stroke, Larkin has run in the Boston Marathon, but suffered dizzy spells thereafter, and was admitted to Dedham Medical Associates with those symptoms.

At this time, she was given MI and CAT scans, which showed brain abnormalities, tort law essays. As such, Dedham was required to put Larkin on a "special list of patients with certain medical conditions that other doctors can access" Andersen, However, her name was not put into this database. As such, her obstetrician was not aware of her brain issues. Had this information been known, Larkin would have been given…. References Andersen, tort law essays, R. Boston Globe. html VerdictSearch. com Suit: Doctor's failure to report brain abnormality led to stroke. In a somewhat clandestinely released report prepared for the Department of Energy, Advanced Resources International measures the economic effects of the regulations recommended by environmental groups.

The fundamental weakness of regulation in its current form is its susceptibility to manipulation. Such modes as the provision of emission credits literally allows companies to make an active decision regarding the economic implications of tax credits and penalties. It is rare that such a company will resolve that it would be benefited by reducing its emissions, tort law essays. Most companies instead tend to find that it is more worthwhile to absorb the cost of penalty or…, tort law essays. Works Cited Demmke, C. Towards Effective Environmental Regulation: Innovative Approaches in Implementing and Enforcing European Environmental Law and Policy.

NYU School of Law. Edwards, S, tort law essays.

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He also helped start and refuel the aircraft. Held; as the risk was so obvious and great, and the plaintiff was sober enough to appreciate this, the volenti defence was available. Johnstone v. Bloomsbury ill doctor — the claimant was a doctor, part of his contract stated that he be required to work extra hours. As a result, the claimant became ill from lack of sleep. Held; the term on the contract could be construed as a term excluding or restricting liability for negligence and thus void under UCTA s. Contributory Negligence Where fault is found on the part of both the claimant and the defendant, damages will be reduced accordingly to what is equitable Law Reform contributory Negligence Act: courts give effect to fairness S.

Gypsum Mines unsafe roof — 2 workers in a mine were told to bring down an unsafe roof — they could not and carried on working and one of them died when the roof collapsed. Held; the workers joint decision to carry on working was a contributory cause of death. Froom v. Butcher no seatbelt — man injured in a car crash as a result of the defendants negligent driving. He suffered head and chest injuries as he was not wearing his seatbelt. Held; the question in determining contributory negligence was what was the cause of the damage, not the accident, so contributory negligence was found here. Capps v. Miller crash helmet moped — a boy riding a moped with an unfastened crash helmet was knocked off and injured due to the negligent driving of the defendant.

His helmet came off resulting in serious head injuries and brain damage. Fitzgerlad v. Lane pedestrian hit — more than one tortfeasor and contributory negligence. The claimant walked onto a busy street when the crossing light was on red and he was hit by two cars that were going too fast. Held; you must first determine the claimants contribution under the Contributory Negligence act, and only then consider the apportionment of responsibility between the defendants, rather than consider the defendants as a group and then apportioning blame. Reeves v. CMP suicide watch — a man in prison committed suicide whilst the defendant officer was supposed to be on suicide watch.

Held; as the man had responsibility for his own life and deliberately took it, the defence of contributory negligence could succeed and the blame was halved. SAAMCO negligent building evaluations — the defendant provided negligent valuations for certain properties and on reliance of these valuations the claimant advanced loans secured on the properties. When borrowers defaulted the resulting losses were extensive. Hoffman stated that the duty was to take care that the valuation is accurate therefore the defendants were liable for damages that are attributable to the overvaluation. The first step: what losses would have been suffered if the valuation given had proven to be correct?

This set a limit on the loss recoverable — if correct the lenders would have had enough security and would have protected them in a falling market. It does this by concluding — no other losses are regarded as attributable to the breach of duty. Platform Home Loans v. Oyston Shipways SAAMCO type case — House of Lords with no Lord Hoffman in a SAAMCO type case. In today's world, we live in a society where everything we engage in is governed by law and regulations. Therefore, it is A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement When we consider the actions of Kylie hereby referred to as Defendant 1 , it is plainly visible that her actions were negligent All topics covered on the Tort module are potential examination topics.

This revision guide covers only those potential It is established law that recovery for pure economic loss is possible if it is caused by a careless statement. Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or likeness and publicity placing the plaintiff in a false light.

There are several different claims that are detailed in this chapter, including claims involving privacy for third persons. Finally, the last subchapter includes a reference to related torts, such as the breach of confidential relationship. Chapter 10 is a general chapter that presents other torts that have not been included in any of the other chapters. Other torts include misrepresentation, negligent misrepresentation, injurious falsehood and interference with economic relations. Torts What torts are present in the scenario?

In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness that resulted in bodily, emotional or financial harm. The way that this is affecting Phyllis, is with the restaurant ignoring the fact that she is bleeding profusely. Then, at the hospital the doctor amputated her foot vs. removing the piece of metal from her mouth. In Phyllis' situation, she can use this to make a claim against the hospital. This is based on the fact that she is seeking out medical treatment which is considered to be hazardous. References Tort Damages. Law School Help. htm Types of Torts.

Finney Law Office. In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it. Elderly Lady v. Italian estaurant Negligence Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he could to be careful, but whether the defendant's conduct was that of a hypothetical reasonably prudent person placed in the same or similar circumstances Kionka, In this case because there was only a revolving door the patrons were not able to get out of the restaurant in the fire emergency.

The Italian estaurant would be guilty of negligence in regards to the elderly lady who was injured as patrons tried to escape. Anna v. Surgeon Malpractice The…. References Kionka, Edward J. If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable meant to harm. The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur. Other types of tort actions against a plaintiff consist of false imprisonment confinement or restraint of the victim , trespassing with intent to damage property, deliberately inflicting mental distress mental abuse in which the victim may or may not demonstrate physical evidence of such distress.

Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements…. References Torts, LexisNexis Capsule Summary. Reviewed July 1, at P. Shedd, P. orehead, J. The Court however, in absence of any special relationship between Burger King and Iannelli does use the Walls case to highlight "particular circumstances which can give rise to such duty" Reed, O. In deciding the case in favor of the plaintiffs, the court indicates that it was the duty of the Burger King establishment to recognize that the precipitant to the attack on Iannelli was the "teenagers' obnoxious, open, and notorious behavior in the restaurant" Reed, O.

This behavior "could reasonably have been anticipated to escalate into acts that would expose patrons to an unreasonable risk of injury" Reed, O. The court recognizes that "particular circumstances" warrant the defendant to take affirmative action to reduce the risk of…. Morehead, J. These circumstances include when the opportunity for criminal misconduct is brought about by the actions or inactions of the owner or where the overriding foreseeability of such criminal activity exists. Reed, O. What does the Court suggest that the restaurant manager should have done in this case that would have satisfied the. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold.

Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…. Torts There are two separate negligence causes of action, one cause of action from the customer who ingested the glass, and the other cause of action can be brought by any customer or employee who sustained injury from the fire. Negligence To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff. In other words, plaintiff must prove the following elements: The existence of a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury.

Here, the restaurant is engaging in the business of serving food to customers, and it is presumed that an ordinary, prudent reasonable restaurant will take precautions against creating unreasonable risks of injury to its customers. From the perspective…. Some legislators believe that such suits encourage companies to ensure that there products are safe. Other law makers, however, believe that such suits are excessive and can prevent companies from being able to recover. Another form of tort reform that as been suggested is known as "loser pays. This type of legislation is based on the English Rule Protecting Firestone and Ford Federal Tort Reform. This particular proposal would force the loser in a lawsuit to pay all the expenses associated with bringing the lawsuit Protecting Firestone and Ford Federal Tort Reform.

This is already a part of the rules of the court in the British system. The purpose of such a reform is to minimize the number of frivolous lawsuits that end up in court. Having such a law discourages people from filing suits that cannot be won. These lawsuits also encourage people to settle their differences outside of…. Works Cited Protecting Firestone and Ford Federal Tort Reform. asp Tread Act. 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.

Tort in this case could be based on negligence or injury and damage of property and if the violation of statutes goes with it then the school may be really responsible for the injuries. This position being taken the walk therefore concentrated on the structure of the building, the human traffic areas namely corridors and hall ways, the problems of the physical education set up and the soundness and safety of the school and the playground equipment. These issues are the likely source for injuries and complaints and hence these were examined in detail. Identification of three areas of concern: As stated above the building hallways, PE Class,….

References Biers, Sam. Of App. NY App Division, [] Implied Assumption of Risk. shtml Florida Statutes. Laws elating to Different Businesses Laws elated to Different Businesses Entrepreneurship is the hallmark of the U. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department SBA, For a web…. References Frank, George. Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals.

Small Business Administration. Retrieved from: www. gov Roth, Mollie. Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4 3. pp Paralegal Specialties International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred. Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" Paralegals, , BLS.

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" Paralegals, , BLS. They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system. Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. References Bevans. Tort law for paralegals. New York: Aspen Paralegals. Bureau of Labor Statistics BLS.

Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…. 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 on the allegations of injuring local residents through the contamination of their property by the release of harmful substances like cadmium, arsenic and lead at the zinc smelting site of the company.

The case is a classic example of strict Tort. This is a case where the accused did not intentionally intend to cause harm to the injured and yet the actions resulted in alleged harm and discomfort. In this case, though DuPont did not intend to cause harm directly, the actions of the company allegedly caused harm to the local residents in terms of contamination and the injury to their property. In the future companies would be more careful to take care of the possible…. 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 trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel.

In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena. The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U. jurisdictions requires that guilt in the criminal court is based….

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 have the power to directly bring civil but not criminal charges. Players The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…. It is hard to argue with the legitimacy of that consideration. Employees have a reasonable expectation of privacy in the workplace, but that right has limits.

Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances. The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…. In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie.

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…. References Friedman, L. A History of American Law. New York: Touchstone. Halbert, T. Cincinnati, OH: West Legal Studies. 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 derivative of the Latin word tortum which can be loosely translated as twisted or crooked or wrong Best, Arthur, and Barnes, 2.

It therefore means that a wrong or crooked conduct can be considered to be a tort. For a period of time the use of the term tort in day-to-day speech was common, however, the current use is more confined to the legal system Calnan, Alan. Thus the brief definition of this term in the legal language is 'a wrong whose remedy will be provided for by the law', this remedy is usually in many forms but more often has monetary value. The entire development process…. References Best, Arthur, and Barnes. Calnan, Alan. 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. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain….

References Amponsah, P. Libel Law, Political Criticism, and Defamation of Public Figures: The United States, Europe, and Australia. New York: LFB Scholarly Publishing. Bailey, R. 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 medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected. 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 being contributory factors in the high cost of health care in the United States.

This case relates to standard of care, wherein the medical practitioner was accused of not delivering an acceptable standard of care, and that this failure was the cause of the deceased's passing. At issue in this case was the use of medical experts to determine whether the physician in the case met the acceptable standard of care. Such standards are used as benchmarks in tort cases involving malpractice, so determining what the acceptable standard of care is a critical issue in any such case. The methodology by which that standard is established was one of…. References Jayasankar, S. Loss of chance in medical liability. American Academy of Orthopaedic Surgeons.

Environmental Protection Agency EPA filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum EPA, The Department of Justice DOJ , acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In , 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs DOJ, Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable.

However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. References DOJ U. Department of Justice. Retrieved 16 Nov. EPA U. Environmental Protection Agency. sues Hooker Chemical at Niagara Falls, New York. Lercher, Aaron. Is anyone to blame for pollution? Environmental Ethics, 26, Regional Institute. Policy Brief: Thirty years from Love Canal. Agency Law What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor? Under contract law, the employer is referred to as the principal and the employee is referred to as the agent.

Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. Community for Creative Non-Violence v. Reid, v. Independent contractors typically control their own schedules and progress on a work assignment.

Identify, define and discuss the categories of…. 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 the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from hrs. Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty.

They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…. References Hall, J. General Principles of Criminal Law 2nd ed. Indianapolis: Bobbs-Merrill. Markesinis, B. Tort Law 4th ed. Oxford: Clarendon Press. usiness 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 clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act amended.

In your answers you are required to refer to the relevant sections of the Sale of Goods Act SOGA and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause. The Sale of Goods Act is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. Bibliography Sale of Goods Act nd The National Archives. Emerson Electric Company No. html Larson, Aaron Defective Products Law. Mar In response to economic concerns and a continual…. 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 sources of distrust of law. Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would. The standard that is used to determine if an individual is guilty of the offense of negligence is by asking ourselves whether a careful person would have done the same. In most cases it is often an issue of whether or not there was an act of negligence or conversely whether or not there was compliance or conformity of one's act to those of a reasonable man Negligence-As a Matter of Law or a Question of….

References Armstrong, K. Distrust of the Health Care System and Self-Reported Health in the United States. Journal of General Internal Medicine, 21 4 , Professional Negligence: When Practice Goes Wrong. The Annals of Pharmacotherapy, 40 7 , Legislative News, Studies and Analysis -- National Conference of State Legislatures. aspx Negligence-As a Matter of Law or a Question of Fact -Contributory Negligence of Customers.