Tort Law Of Negligence Essay

Tort Law of Negligence Essay
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the
requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort
differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent.
Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke
and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a
reasonable... Show more content on Helpwriting.net ...
In 1970, Lord Reid said that Lord Atkin's dictum must to apply unless there was some support or valid justification for its elimination Home Office v
Dorset Yacht Co [1970] AC 1004. 3.2.1 Reasonable foreseeability Foreseeability' means whether a theoretical logical person' would have foreseen
damage in the circumstances. Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there must be legal proximity, for instance a
legal connection between the parties from which the law will attribute a duty of care. Note that a duty of care may not be owed to a particular
claimant, if the claimant was unforeseeable. 3.2.2 Analogies – recognized duties of care Establishing whether not the current case is analogous to cases
in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these
through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and
vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a
balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be
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False Difficulty
True/False Questions
1.Fraud is defined as failure to use reasonable care in the performance of services.
Answer: False Difficulty: Easy
2.Most of the burden of affirmative proof is on the defendant under common law.
Answer: False Difficulty: Medium
3.The Ultramares v. Touche case held that auditors could be held liable to any foreseen third party for ordinary negligence.
Answer: False Difficulty: Medium
4.The Securities Exchange Act of 1934 offers recourse against the auditors to a far greater number of investors than does the Securities Act of 1933.
Answer: True Difficulty: Medium
5.The precedent set by the Hochfelder v. Ernst case ... Show more content on Helpwriting.net ...
Under the Restatement of Torts approach to liability the auditor is generally liable to the bank which subsequently grants the loan for: A)Lack of due
diligence. B)Lack of good faith. C)Gross negligence, but not ordinary negligence. D)Either ordinary or gross negligence.
Answer: D Difficulty: Hard
16.An auditor knew that the purpose of her audit was to render reasonable assurance on financial statements that were to be used for the application
for a loan; the auditor did not know the identity of the bank that would eventually give the loan. Under the foreseeable third party approach the auditor
is generally liable to the bank which subsequently grants the loan for: A)Lack of due diligence. B)Lack of good faith. C)Gross negligence, but not

ordinary negligence. D)Either ordinary or gross negligence.
Answer: D Difficulty: Hard
17.Which of the following forms of organization is most likely to protect the personal assets of any partner, or shareholder who has not been involved
on an engagement resulting in litigation? A)Professional corporation. B)Limited liability partnership. C)Partnership. D)Subchapter M Incorporation.
Answer: B Difficulty: Medium
18.Under which common law

What Is The Mccaarty Case Brief
Assignment I– Case Brief: McCarty v. Pheasant Run , Inc.
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and
threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs.
McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An
investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her
hotel room. Mrs. ... Show more content on Helpwriting.net ...
In regards to the Mrs. McCarty's sliding door, it was equipped with a lock and an additional safety chain. The safety chain was fastened but the lock
was not used. This case had evidence of negligence but none of strict liability. There were reasonable precautions in place.
Elements of Intentional TortTort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous
or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort,
negligence and strict liability. An intentional tort case is proved by the plaintiff showing that the defendant intentionally injured him/her (1). In a
negligence case, the plaintiff shows that the defendant did not act carefully as the law requires and therefore should be liable for any damages to the
plaintiff (1). The strict liability cases occur when a plaintiff suffers damages even though the defendant acted carefully and with no intent of harm being
done to them (1). During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually
includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc...
How a Defense is Triggered A common defense is that there was a superseding

Child Negligence Informative Speech
I came here to talk about a very serious issue that is happening and probably will continue happening throughout the years. I'm here to talk about child
abuse. . Child abuse is a serious issue that happens everyday, all around the world. There are so many global issues happening and I decided to focus on
child abuse. As a child, thinking that the kid being abused right now could be me. 1 billion kids in 2014 were abused either sexually, physically or
emotionally. Thinking that It could be me marrying a guy I literally don't know just because they make me do it. That is why I chose child abuse.
Child abuse is a very open topic that's why I decided to tighten what I was going to focus on and so I decided I was going to focus on child negligence.
... Show more content on Helpwriting.net ...
Parents with mental health disorders are more rare but mental health can be a serious issue, it depends on what mental disorder. Single parenthood is
a common reason child negligence happens. Parenthood is hard and tuff, If you were to do it alone it gets twice as hard making the taking care if
children a hard tak to do making people give no interest on it.
Child negligence in PerГє is very common, the factors that contribute to child negligence abounds in Peru, specifically poverty, drugs and single
parenthood. Out of ten, two persons in Peru live in extreme poverty. 78% of women that give birth in public hospitals are single mothers. About
164,019 cases were found on child abuse in Peru. 55% was psychological abuse, 165 was child negligence and 13% for sexul harrasment (UNICEF
Peru). In Peru, there are laws that involve child abuse, but not specifically child

Negligence And Negligence : Negligent Torts
Negligence
Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at the actions of an individual or company that are
not deliberate, but more so when an individual or company failed to act toward as a reasonable individual should, to someone whom he owes a duty to.
Negligence action found in this particular tort can lead to personal injuries or monetary damages.
The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service to the victim(s) in question, and the individual, or
company, who owes the duty must violate the promises or obligation; an injury then must occur because of the specific violation, and the injury(s)
cause, must have been reasonably foreseeable as a result of the person 's, or company's negligent actions.
To prove negligence, plaintiffs have to demonstrate the four elements are present. First, they have to establish that the defendant owed a duty to the
plaintiff. Second, the plaintiff has to demonstrate the defendant breached that duty. Third, the plaintiff has to prove the defendant's conduct caused
injury. Then finally, the plaintiff has to demonstrate legally recognizable injury (T & J, 2011).
I discovered a case that I personally found interesting; American Motorcycle Association v. Superior Court, 20 Cal.3d 578, 578 P.2d 899 (Cal. 1978).
This alleged negligence in this case where Glen Gregos, a teenager, incurred a spine injury, he had his spine crushed in a

Substantive Law: Negligence In Court Case
negligence, what will be key is the subcontractor agreement provisions with regard to applicable law and venue governing the agreement, as well as
service of process.
Substantive Law
First of all, a caveat is in order. Since I am not a licensed attorney, nothing in this section regarding substantive law should be construed as providing
legal advice. Rather, this section presents a succinct overview of some of the most relevant law (found online, in textbooks, and via Westlaw at the
county law library) and legal arguments as applied to the facts of the case in preparation for hiring a litigator. It is worthy of note that the fact pattern
in this case is unusual in that there were continuous failures by both parties to detect the presence of ... Show more content on Helpwriting.net ...
(2016) as being that "...the defendant's conduct violated that duty" (p. 137). Widget Corporation breached its duty of care by failing to ensure that all
of the widgets sent were the correct ones. Plaintiff may also argue that Widget Corporation failed to follow–up with Lyle or the employer subsequent to
the installation to help ensure that the job was done correctly. The Texas customer breached its duty of care by failing to notice that there was a wrong
widget and, in turn, instructing Lyle to proceed with the installation, plus failing to inspect the installation after Lyle left. As previously noted, the
employer may offer evidence that the wrong widget was nearly identical in appearance to the correct ones to counter this duty, but this would be a
matter for the court to decide. Additionally, the employer may wish to counter that the employee contributed somehow to the injury such as by failing
to detect any potential irregularities in the functioning of the machinery. However, as a Texas workers' compensation non–subscriber, the employer will
be barred from raising contributory negligence by the employee as a defense (Westlaw, n.d.). Lyle breached his duty of care by failing to notice the
wrong widget, and as well as the indication it was the wrong widget when he could not get the bolts to tighten to specifications and instead left the job
site just to get to his son's soccer game. Not alerting Widget Corporation that he could

The Pros And Cons Of Negligence Law
A) The topic concerning this case is negligence law. The issue is whether Simon would be successful perusing a negligence claim.
Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the
plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant's breach. For a successful
claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore
prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have
been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably
foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age
of the students. Therefore, the first element is satisfied.
The Civil Liabilities Act 2002 defines negligence as a failure on the part of the defendant which results in the harm of the plaintiff which could have
been prevented by taking reasonable care. The breach of duty must be foreseeable, Sullivan v Moody. The risk must be not insignificant, and a
reasonable person under similar circumstances would have taken precaution against the harm. In this case

Law with Tort of Negligence
Problem Questions ––––––––––––––––––––––––––––––––––––––––––––––––– Question 1 Based on the question, the issue in the question is will
there be a contract of sale of goods act 1895(SA) under s 1? Hence, the law is s 1 where a contract of goods is a contract whereby the seller
transfers or agrees to transfer the property the goods to the buyer for a money consideration based on the case Toby Construction Products Pty Ltd v
Computer Bar Sales Pty Ltd. The application is under s1 sale of goods act there is a contract form between me and Mandela where I have agreement,
intention and consideration to buy the armchair from Mandela, thus contract is form. Besides that, armchair is considered goods and there is
consideration of money where I... Show more content on Helpwriting.net ...
Furthermore, I purchase the armchair under trade and commerce whereby under mutual communication, and I negotiated 30minutes orally with
Mandela (salesperson) to sell me the armchair with $1500. Moreover, Mandela conduct was misleading or deceptive where he stated he sits on the
armchair all the time where he actually doesn't sit on it and the fact that the chair was actually fragile. Refer to Taco Bell to determine whether the
conduct is misleading or deceptive that there are certain criteria to justify whether they are mislead or deceived. First, the conduct is based on me
which is justified the targeted by the conduct of the defendant. The time I was in Tyson's shop, Mandela forms an erroneous conclusion to me, that
the armchair is safe and can be used as furniture where it was not the fact. Hence, proves the conduct by Mandela skilled of being misleading or
deceptive. In conclusion, Mandela has breach the 3 elements in s 18 of ACL for misleading and deceptive.
––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– Question 3 Based on the
question, Tyson is the owner of the shop (Principle), Mandela is the store manager and also salesperson (Agent) and I am the buyer (Third Party). In
the question the issue is whether or not Mandela had authority to sell the chair at that price under Agency scope of

Negligence Law And Negligence Case
Eric Kurss
Hospitality Law
December 5, 2014
Final Term Paper
Negligence
Rule of Law In the court of law, negligence can be described as an unintentional tort. Negligence is a duty to the plaintiff (party which sues) that the
defendant (party being sued) owes, based on a breach of promise to exercise care and safety. The plaintiff must prove that the defendant's actions fell
short of a "reasonable" standard. To prove a negligence case, there are several foundational requirements that must be present in order to carry out a
trial. The first being, one must establish a duty of care, or relationship between the plaintiff and defendant. The simplest form is one's obligation to the
world, in which you must act in such a way to not put another person in unreasonable risk of harm. In the cases being presented, Fudge v. The City of
Kansas City, and Purton v. Marriott International, this duty of care is established as Delmar Henley and James Fudge were citizens of the same town
but did not know each other prior to the accident, nor did Dr. Jared Purton nor Michael Landri (of Marriott) have a prior connection. The second step is
to determine the duty owed to the defendant. In our cases, monetary compensation were at stake. Proximate causality, or primary cause of the sustained
injury represents the third foundation, and an act from which an injury results and ultimately answers the question as to whether or not the defendant's
action is closely enough related to the plaintiff's

Negligence And Its Impact On Society
Negligence is a tort that is a major focus point in how people and organizations interact with each other. How the tort of negligence developed is
critical for understanding who is held accountable when a civil wrong has occurred. Negligence focuses on three basic elements: a duty of care, a
breach of said duty, and causation of damage. The goal of this assessment is to examine the development of these three elements of negligence tort law
in England, and hopefully explain its significance in how it affects society. First, a duty of care must be established for a legitimate negligence
claim. The concept of a duty of care is that it demonstrates the defendant (the one wrongdoer) had some sort of responsibility to take care of the
claimant (the wronged party who is bringing forth the claim). In English law, the landmark case that conceived the idea of establishing a duty of care
was Donoghue v Stevenson (1932 UKHL 100), a case involving a woman who drank a bottle of ginger beer and found a dead snail in the bottle, thus
bringing suit against the manufacturer. The House of Lords ruled in the claimant's favor, stating the manufacturer does owe a duty of care to the
consumer. Arguably the most integral part of the ruling in Donoghue is where Lord Atkin states:
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law
is my neighbor? The answer seems to be – persons who are so closely and

Aspect of Contract and Negligence of Business
Unit: 5 Aspect of Contract and Negligence of BusinessAssignment Cover Sheet I hereby confirm that this assignment is my own work. I have
identified and acknowledged all sources used in this assignment and have referenced according to the Harvard referencing system. I have read and
understood the Plagiarism and Collusion section provided with the assignment brief and understood the consequences of plagiarising. Table content I.Is
Sam entitled to refuse to sell Bob the book? .....................................3 1. Elements of valid contract:.............................................................3 2. Different
types of contract:............................................................4 A/ Written contracts.........................................................................................4 B/ Verbal
agreements.......................................................................................4 3. Analyse terms in contracts:............................................................5 II. Are the
council entitled to rely on the clause?................................................6 1. Apply the elements of contract........................................................6 2. Apply the
law on terms in different contracts......................................6 2.1.Expressed terms..........................................................................................7
2.2.Innominate term.........................................................................................7 2.3.Implied
terms............................................................................................7 3. Evaluate the effect of different terms................................................7
3.1.Express.....................................................................................................7
3.2.Innominate................................................................................................7
3.3.Implied.....................................................................................................7 III. Is Brian entitled to claim the

Yunker V. Honeywell Essay example
Chapter/Case Questions: 1. Chapter 12, Yunker V. Honeywell, pg 456
–459, Questions 1–4 1. The court meant by its statement that negligent hiring and
negligent retention "rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in
harm or damage to another individual or their property" (Luthra, 2011) and not on "an obligation that arises from the relationship of one party with
another" (Luthra, 2011). The court meant that "negligent hiring and negligent retention do not rely on the scope of employment but address risks
created by exposing members of the public to a potentially dangerous individual" (McAdams, 2007, pg. 457). 2. The court rejected the negligent...
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According to the definition by the Florida Appellate court, "Negligent retention occurs when, during the course of employment, the employer becomes
aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as
investigating, discharge, or reassignment" (McAdams, 2007, pg. 458). Since the record contained evidence of a number of episodes during Landins
employment after imprisonment where Honeywell should have become aware if not already aware and have taken action, this is why the court
allowed for the negligent retention issue to go to trial. References Luthra, V. (2011). Direct Liability. Business dictionary. Fairfax, VA : WebFinance,
Inc. Retrieved from http://www.businessdictionary.com/definition/direct–liability.html Luthra, V. (2011). Vicarious Liability. Business dictionary.
Fairfax, VA : WebFinance, Inc. Retrieved from http://www.businessdictionary.com/definition/vicarious
–liability.html McAdams, T. (2007). Law,
Business, and Society. New York: McGraw–Hill Irwin. Chapter/Case Questions continued: 2. OSHA, Questions 1–4 1. Who can complain to OSHA?
"Employees or their representatives have a right to request an inspection of a workplace if they believe there is a violation of a safety or health
standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. In addition, anyone who knows about a

The Theories Of Law That Apply Strict Product Liability...
In this court case there are two theories of Law that Apply, Strict product liability and negligence. These theories were originally applied under
Delaware law in the case, Stark ex re. Jacobsen V. Ford Motor Co. Thus raising the inquiry of how these theories may have varied had the case's venue
been located in Indiana. According to the West's Indiana Law Encyclopedia, " In Strict–Liability actions, the plaintiff must prove that (1) the product
was defective and unreasonably dangerous, (2) the defective condition existed at the time the product left the defendant's control, and (3) the defective
condition was the proximate cause of the plaintiff's injuries" 27 Ind. Law Encyc. Generally ss 10 (2002). All three of these conditions must be met in
order for strict liability to be present. The first condition – the product must be defective and unreasonably dangerous – entails that the product in some
manner does not operate as it was intended and due to the defect the product poses a threat to the well–being of whomever uses it. The requirement
that the defective condition existed at the time of the purchase is important because it requires the product to have been defective when bought, not due
to improper use by the purchaser. Finally, for strict liability to exist the defective condition must have caused the plaintiff to suffer an injury. West's
Indiana Law encyclopedia states that, "A product may be defective within the meaning of the product liability act because of

Medical Negligence And Medical Negligence
MEDICAL NEGLIGENCE RHEA DALAL BBA LLB ROLL NO
– 16
"If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish."
In India doctors are treated as second life saver after God. The standard of care should be more so that the cases of negligence may not arise.
Nowadays Indian society is experiencing a growing awareness regarding the patients right as the number of case of medical negligence has increased
drastically.
A doctor can be charged with criminal negligence when a patient... Show more content on Helpwriting.net ...
The protection of patients right should not be at the cost of professional integrity. When an FIR is filed against a doctor for the death of a patient under
treatment than the doctor can be arrested and can be punished for 2 years of imprisonment under IPC section 304A.
But if the doctor has not charged any fees for the treatment of the patient than, the doctor cannot be sued for medical negligence. The patient requires
proper care as they suffer from disease and treatment is been provided, it becomes the duty of the hospital as well as that of the staff members to take
care of the patient.
In the case of:
Aparna Dutt V. Appollo Hospital Enterprises Ltd
It was held in this case that the staff members of the hospital had not taken proper care of the patient and so the court held liable the hospital thus it
is the duty of the staff members also to take care. The doctor is not held liable for every injury caused to the patient, the injury cured only under his
treatment can only be held liable if proper care is not taken by the doctor. It should show all possible reasons for the injury caused than only the
compensation can be

The Importance Of The Common Law Approach To Negligence
In recent years, Queensland has made changes to legislation in this area of law after seeing an increase number of negligent claims. Professional
negligence claims include all areas of the health industry, workplace incidents particularly within the building industry, education and personal industry.
The statement "the common law approach to negligence is all that is needed to effectively regulate this area of law", is not entirely true as a more
detailed and harsher approach to negligence, such as legislation, would be greatly beneficial in approaching negligence. "Common law is defined as
law that has been developed on the basis of preceding rulings by judges. Statutory laws are written laws passed by legislature and government of a
country and those which have been accepted by the society." (Diffen, 2017). It is argued that common law is simply not enough to adequately protect
Australian citizens in claims of negligence. Hence in courts it could be argued that common law application is unreliable due to the myriad of
circumstantial negligent situations. Therefore government intervention provides a safety net for courts to apply legislation to each case. The purpose
of this essay [presentation] is to disprove that common law is all that is needed in the interpretation of negligent cases. This will be achieved by
examining the legislation and case law.
Parliament attempts to cover as many situations within civil law by legislating definition of actions, defenses and

Negligence In Sports
Negligence is a law that is used throughout today's society as one of the most sought after methods of suing people and corporations. This law of
negligence falls under tort law and is often the most common legal issue faced in sporting. By defining, investigating and evaluating the issue of
negligence presented in the given sporting scenario; analysing the concerns of various stake holders, there will be recommendations made that justify a
suitable legal response while still considering the elements of negligence. The above topic which entails the act of negligence on the sporting field is
seen as a more common issue with sporting players becoming more and more worried about having legal action perused upon them. This is seen as an
imbalance ... Show more content on Helpwriting.net ...
Where cases that are being fought for compensation through the act of negligence there are many defences that can be used that are suitable to both
parties agreement. Common defences include "Volenti non fit injuria" which the voluntary assumption of risk by the defendant; contributory
negligence and the illegality of the activity or act committed. "Volenti non fit injuria" is a common law doctrine which states that if someone willingly
places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the
other party in tort or delict. Contributory negligence in common–law is another defence used in jurisdictions and is generally a defence to a claim
based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have,
through their own negligence, contributed to the harm they suffered. The statement of players in sport unwilling to participate due to the risk of being
taken to court for an injury they may have accidentally caused that might occur during a sport is expected; as injuries that happen while engaging in an
activity of which you know there is risk involved is

The Purpose and Intent of The Wrongs Act 1958
1. The purpose and intent of The Wrongs Act 1958 (Vic) as it relates to torts
The Wrong Act 1958 is a law most closely related to people 's daily life, that means it is a legislation dedicated to set lawful regulation when someone
in Victoria suffers from injuries of kind, he or she shall be lawfully compensated for his injury that may related to financial losses. After hundreds of
years of development, Anglo–American tort law has formed a very sound legal system with negligent torts occupies a very important position in
Anglo–American tort law. Negligence infringement is the core areas of The Wrong Act 1958 as well as the main forms of infringement. Negligence tort
is a risky action causing unreasonable harm to other ... Show more content on Helpwriting.net ...
In the first standard–setting case, the jury 's task is to decide whether the defendant behave as a reasonable person. Reasonable person is a completely
imaginary person. A reasonable person is not necessarily super cautious to all kinds of dangers. He is nothing more but a reasonable and prudent man.
Of course, the jury will be guided by the judge in deciding standard of conduct of a reasonable person. For example, the judge will direct the jury to
consider the factors including the emergency situation, the perpetrator 's physical defects, religion, age, mental defects and so on. Violation of statute
In most courts, if the defendant violates the statutory provisions of duty of care, the violation of laws and regulations will be considered negligence
just as a car ran a red light is a violation of traffic rules. If a statute does not specify the duty of care, the court may determine relevant duty of care
implicitly established in the legislature through the judicial interpretation. At the same time, even if a statute does not expressly or impliedly reflect
legislative intent of the standard of care with certainty, the court can still invoke the provisions of the law to determine the standard of conduct of a
reasonable person.
Breach of professional standards If the perpetrator is a professional with special expertise, such as doctors, accountants, etc. The determination of their
behavior standards will involve professional negligence

A Brief Note On Causation And Remoteness Within The Common...
ASSESSMENT A: Problem Question Introduction I will advise each subsequent claimant with regards to any actions they might have when focusing
on issues of causation and remoteness within the common law tort of negligence. Chico's case Issue Whether employers X, Y and Z are liable in
negligence for Chico's injury because they exposed him to asbestos. Relevant Law Causation Fairchild Barker Compensation Act 2006 s.3 Application
In most cases the 'but for' test is the method used for establishing factual causation. 'But for' the defendant 's wrongdoing, the claimant would not have
suffered damage. However, causation becomes problematic when more than one cause arises, since the onus is upon the claimant to establish which
party caused their injury or loss. The material elements test is crucial to cases relating to mesothelioma. A claimant suffering injury must demonstrate
on the balance of probabilities that the defendant 's tort caused the injury or loss. The claimant must then demonstrate that there is more than a fifty
percent likelihood of the cause being the breach of duty of the defendant. If there are multiple causes then the burden of proof is impossible to
discharge. This has often left claimants uncompensated for an obvious breach of duty. In Fairchild the House of Lords recognised that in situations
wherein the claimant had been exposed to asbestos at different times whilst working for different employers, it was impossible to satisfy the
conventional 'but for'

The Case V. Long Island Railroad Co
Introduction
Different case laws are referred while representing any case in the court; however seminal cases are different as it can be regarded as the case in
which revision of proposition or legal definition occurred. It is a scenario when first revision or addition of any clause is done to any legal clause,
which is done to have a better understanding and judgement on the given scenario. In this report, the seminal case on the causa proxima clause of
negligence will be evaluated in detail.
Summary of the case
The case Palsgraf v. Long Island Railroad Co is between Palsgraf who is the plaintiff in the given case and Long Island Railroad is the defendant in the
case. In the given case there was a passenger who was waiting for a ... Show more content on Helpwriting.net ...
However, in this case dissenting opinion was of higher importance than the deciding opinion. The case was carried on the trail court which gave
decision in favour of Ms. Palsgraf, then the case was appealed at intermediate New York which has also given decision in the favour of Ms. Palsgraf;
then it was taken the court of appeals, highest court in New York which provided the reverse decision and dismissed. This was a classical example in the
tort law.
In this case, the dissenting opinion changed the course of the case, provided new directions but leading to the formation of new clause under tort law.
In this case, question was raised against the guard position and it was held that as guard did not know anything about the material within the parcel,
he should be held responsible for the harm caused to the plaintiff (Miller & Cross, 2011). However, with a new perspective of causa–proxima the
whole scenario received a new perspective.
Violation of laws
According to the code of ordinance of city of New York, no passenger is authorised to carry explosive. This case was regarded as the law of
negligence and tort; it is failure to obey the duty on the part of guard and the Long Island Railroad Co. According to the duty of care, there are
number of hazard involved according to the nature of the task; for instance breaching a legal duty may lead to the occurrence of hazardous
situation(Abbott, Pendlebury, & Wardman, 2007). Any act will be considered to be negligent when it

Player Vs. Midwest University: A Case Study
Is the premium placed on winning, driving coaches to cross the line? Sadly, hundreds of athletes are physically and verbally abused by their coach. In
the case of the "player versus Midwest University, the cause of action against the head coach, athletic director and the university can be severely
damage the coach's career and the university. The player has several options and should seek legal counsel.
What exactly is a cause of action? Cause of actions, are "legal grounds upon which to sue, includes contract disputes, employment discrimination and
torts" (Sharp, Moorman, Clasuseen, 2014). In this case, the primary cause of action would be torts, which include battery, assault, negligence,
intentional or negligent infliction of emotional distress, slander, invasion of privacy (Legal dictionary, 2017). Coach is verbally abuses his players on
and off the court. Compounded his behavior further, he has been physically abusing ... Show more content on Helpwriting.net ...
Negligent supervision, "questions whether a manager acted reasonably in guiding and overseeing an employee's actions. The degree and type of
supervision considered reasonable is always related to the particular circumstances" (Sharp, Moorman, Clasuseen, 2014). The athletic director has
heard the abuse and has seen Beam push and slap players on several occasions during practice. By not disciplining Beam, the athletic director was
negligent and the probability of the player winning in court is extremely high. In addition to negligent supervision, the athletic director could
potentially face negligent retention. Negligent retention is "whether a manager acted reasonably in retaining an employee's services. The issue arises
when a manger receives negative feedback about an employee or has direct knowledge of an employee's misdeeds yet does nothing to discipline or
discharge that employee" (Sharp, Moorman, Clasuseen,

Negligence in Healtcare Law
MBA 5101 Unit 1 Case Study Gary Campbell Our text defines a tort as "a civil wrong" and negligence as "a tort, a civil or personal wrong"
(Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or
organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The
case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent
(Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, "David vs Goliath" case...
Meaning the baby's head was down; however, unlike the usual presentation, he was facing forward instead of inward, toward Ms. Fielding's spine. At
12:30 a.m., Midwife Muhlhan attempted to expedite delivery while at Fielding's home. First, Midwife Muhlhan applied fundal pressure to Ms.
Fielding two or three times. Second, Midwife Muhlhan injected Fielding multiple times with Pitocin, a hormone that increases the strength and
frequency of contractions. Third, misjudging the state of her labor, Ms. Muhlhan performed an episiotomy, which is a procedure performed upon
immediate delivery in which the perineum is cut in order to enlarge the vaginal opening. Finally, Ms. Muhlhan directed Fielding to cleanse herself
with a probiotic treatment, as an alternative to taking antibiotics, in order to prevent the potentially fatal transmission of Group B streptococcus
bacteria (for which she had tested positive), to the baby during labor and delivery. After providing these treatments, Midwife Muhlhan decided it was
time to go to the hospital. Midwife Muhlhan sutured the episiotomy and called an ambulance. Rebecca Fielding arrived at the Hospital at 3:30 a.m.
on March 26, 2010. Fielding was an unknown patient to the Hospital and was socioeconomically challenged. The Hospital's labor and delivery team
evaluated Fielding's status and determined the best way to deliver her baby. The team also applied a fetal heart rate monitor. The medical records

Law 421
| Tort Actions| Week 3 Law 421| | David Tiffany UOP| Shalandrea Jones | October 29, 2012
|
Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis
for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same
thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.
Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally... Show more content on
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Almost every jurisdiction a person is responsible for all losses and damages that result from his or her negligence. With certain exceptions owners,
people who handles pets, and people that harbor pets can be held responsible for injuries caused by their pet. Negligence is also defined as the lack
or ordinary care. An example of an unreasonable action would be a dog owner letting go of his dogs leash when another dog approaches so that
the dogs can play. An unreasonable action might be the failure to keep a dog away from guest when it is prone to play rough or knock people
down. Negligence is also considered when an adult places a watchdog in the room with a sleeping infant. If a person fails to protect a visitor from
a potentially dangerous pet this falls under the doctrine of premises liability. Landlords, landowners and management companies can be held liable
and responsible to their tenants failing to get rid of a vicious animal. The final example with the ferret this is an example of negligence. Any animal
has the potential to be vicious if it exposed to new people or feels threatened. So if the homeowners have company it is best to keep the ferret in a
cage or in a room with the door closed to avoid possible injuries to their guest. If the pet owner follows all necessary precautions an incident occurs
then they will not be liable for the incident if one occurs.
References www.lawcornell.edu www.lawexpert.com

Felix's Case Study: The Negligence Law
Felix Frankfurter is a small, slightly–built senior citizen who loves to eat seafood, especially prawns. He believes the best prawns sold in his suburb
are at the local department store known as Rooks. One Friday he arrived at the store to do his weekly shopping. He went to the seafood counter
and ordered 500 grams of green prawns for his dinner with his wife that evening. He was served by , an employee, who wrapped the prawns in a
packet and then gave them to him. Felix then moved on to do the rest of his shopping. Shortly afterwards Felix remembered that his wife said her
sister and her husband were joining them for dinner that night. He opened the packet with the prawns in them to check their numbers and realised
that there may not be enough for a meal for the four of them so he decided to go back to the seafood counter to top them up. As he did this he was
being observed by a burly shop assistant known as "Grubby" Palmer some five metres away who thought Felix's behaviour was suspicious. Palmer
followed Felix as he made his way back to the counter. While walking behind Felix, Palmer observed two or three empty prawn shells on the floor.
Palmer also noticed Felix was chewing. Just as Felix arrived at the seafood counter he felt a hand on his shoulder turning him round. He was then
confronted by Palmer who stood within 30 centimetres of Felix and said to him in an aggressive manner: "You've been stealing prawns. I want to see
inside your jacket pockets to see where they

Medical Negligence Law
FIND ATTORNEYS WHO SPECIALISE IN MEDICO–LEGAL SERVICES The medico–legal community has experienced a rise in medical
negligence claims in the past six years, as patients are becoming more aware of their rights regarding health care and medical treatment. South Africa
has struggled with medical negligence law in the past as there were inefficient procedures for patients to make such claims. However, attorneys in
South Africa are bringing experience and professional legal services to the table to help the public receive justice and compensation after suffering
from medical negligence. Professional attorneys in South Africa Such attorneys can be found at Paul du Plessis Attorneys. We have over 20 years of
experience and specialise in medico–legal

Negligence Or Strict Liability?
Negligence or Strict Liability? A Study In Biblical Tort Law
The Bible, specifically, the Old Testament, provides numerous examples of torts and the remedies afforded for such offenses. The Bible is also the
guide for moral conduct, with the best example being the Ten Commandments. In the Old testament, there are multiple references to moral and
in–moral behavior, torts, civil and family matters. Exodus 21:18–22:6, provides the best examples of tort law in biblical times. To that end, the
instructions communicated directly from God to Moses to "set before" the Israelites (21:1). They are as follows: 1. Men Quarrelling (21:18)
2. The Goring Ox Scenarios (21:28–32)
3. The Uncovered Pit (21:33–34)
4. The Grazing Cattle (22:5)
5. The ... Show more content on Helpwriting.net ...
Another issue is damages, particularly for a human life. It appears that there is no payment sufficient for real "damages," yet one can be "redeemed."
When damages involve property, it is handled much differently, depending upon the level of moral responsibility. In modern society andnegligence, the
loss of life at the hands of a negligent party, carries punitive or a greater monetary value depending upon the circumstances causing the loss of life.
An example, a motor vehicle operator causes an accident, which resulted in loss of life. It was later determined the vehicle operator was driving
while under the influence and the blood alcohol level was over the legal limit. Because of their blood alcohol level, the monetary compensation and
value of the cause is much higher due to the egregious behavior and decision of the operator to drive while under the influence. In this scenario, one
could argue both strict liability due to the driver operating a motor vehicle while under the influence as well as the operator's negligent behavior in the
operation of the motor vehicle.
The Uncovered Pit (21:33–34): In looking at modern day negligence, a reasonable, prudent person, having knowledge of a pit that poses a potential
hazard, should take every precaution necessary to prevent injury or harm to another. Having knowledge of the pit, in essence satisfies some degree of
strict liability; however, the negligence aspect

Example Of Negligence In Business Law
Business Law Analysis Assignment Brendan Young Niagara College Example 1: Negligence refers to "unreasonable conduct, including a careless
act or omission, that causes harm to another" (Duplessis, O'Byrne, King, Adams, Enman, 2016, p. 225). The truck driver did show reasonable care
while at the intersection where he had the right of way. Furthermore, the driver did try to brake for the pedestrian but unfortunately did not react in
time to stop. Therefore, the driver does not owe the pedestrian a duty of care. Even thou the pedestrian suffered serious injuries he would have a hard
time proving in a court of law that the driver has committed the tort of negligence because of the remoteness of the incident. The pedestrian could try
to sue the employer for vicarious liability but that also would not likely yield a favorable outcome for the... Show more content on Helpwriting.net ...
Depending on the severity of the injury the driver sustained and how long he would not be able to work would determine how much he could
receive in damages in a lawsuit. Example 3: The driver has committed the tort of negligence and owes the employee a duty of care because he did
not slow down due to the severe weather conditions. Indeed the defendant did breach the standard of care with poor judgement in this situation. A
reasonable person in law does not have to be flawless to be held responsible for their actions. The plaintiff can sue in tort due to his injuries caused
by the careless act by the defendant. This injury was not remote and was definitely foreseeable. A third party the owner of the store can sue for the
property damaged that also occurred. The defendant could try to prove that the plaintiff was partially responsible to reduce the damages he would
have to pay. In conclusion, contributory negligence would be hard to prove in this case the employee was doing his job and not in the direct path of the

Business Law: The Case Of Negligence
Oscar was in a written agreement with Newton University to teach two business classes on Tuesday and Thursday at 9:00 to 10:15 AM and 11:00
AM to 12:15 PM. However, 7th March 2009 at 10:55 AM, when Oscar collided with Rosa and Lucia, was on Saturday. This means that Oscar was not
working in the interests of the employer, but on his own interests. Despite being within the stipulated time and environment, Oscar was not working
within the agreement of the contract. In this case, Oscar can be said to be negligent and is personally liable for his activities.
Rosa could make two types of negligence based on the situation of the accident. First, she could place a case of proximate cause. This kind of
negligence characterizes a conduct that poses

Law of Negligence: Case Studies
1. Alan was driving down a quiet country road in his new sports car, well over the speed limit. Bev pulled out of her drive, not looking properly,
straight into the path of Alan's car. Alan braked, skidded and crashed in Bev's car. Bev was badly injured, though the damage to Bev's car has been
estimated at Г‚ВЈ6000.
Advise the parties as to any claim they may have in law.
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 order words, to prove negligence, the following elements must be proved: 1. 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
automobile drivers have a duty to drive with reasonable caution so as to avoid collision with pedestrians, other cars, or property, which would cause
injury and damage. Any time a driver gets behind the wheel and drives, there is a foreseeable risk that he could crash into something or someone and
bring about harm. Thus, all drivers owe a duty of reasonable care to others with whom they might come into contact. Here, as auto drivers, both Alan
and Bev owed each other a duty of reasonable care. Although Alan wasdriving along a quiet country road and might not have been expecting other
vehicles, when a driver is on any road, there is always a reasonable

Impact Of The Human Rights Act 1998 On Clinical
Impact of the Human Rights Act 1998 on clinical (medical) negligence
Tort law is a considerably old branch of English law, covering a wide range of areas within such as defamation, nuisance, trespass and, most importantly,
negligence. The latter set out the modern concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in twentieth century
a number of fundamental elements were established in negligence, elevating its significance above all other areas of tort law. Most problematic and
difficult subgroup of negligence is clinical negligence, where doctor are held to another standards. Nonetheless, the old foundations were disturbed by
the enforcement of the Human Rights Act 1998, which was a successful attempt to incorporate the European Convention of Human Rights into
English domestic law. It is applied directly or indirectly into many areas of law, clinical negligence in torts in particular, adding multiple
complications as it has to comply with the new Act. The influence of the HRA is yet to be fully researched professionally and amended. In attempt
to explore the impact of the HRA 1998 on clinical negligence this essay examines the reasons for integration of the HRA and issues it came with and
compares various types of negligence, liability of public authorities and remedies before and after the HRA came into force.
The main difference between the HRA and the ECHR is that the former is the domestic legislation and the latter is an international

Case Study
Introduction to Business Law Individual Assignment–1 Suresh.Gouri Pae2008 (A) What action or actions in tort may the commercial prawn trawlers
claim against Megabucks Ltd? Issue: Does Megabucks Ltd owe duty of care , yes they owe duty of care because of their 'negligence' the
commercial prawn trawlers were unable to fish in the bay for 12months. The commercial prawn trawlers can certainly claim the damages from the
Megabucks Ltd who has failed to perform their duty of care. To be liable for negligence to another person, a person, a person must owe a legal duty
of care to that other person, One explanation is that a duty of care means a duty to take reasonable care or to exercise reasonable skill( both duties) ( The
... Show more content on Helpwriting.net ...
Reliance: Reasonable reliance is an important element of a duty of care, In addition, the defendant 's knowledge and control and the plaintiff 's
vulnerability can point to a duty of care being owed. Apply: Whether a duty of care exists in a particular situation is a question of law and not fact
this means that the judge decides if there is a duty of care (a question of law). If there is a jury, it decides whether the facts fit the duty of care ( a
question of face). The classic test of when there is a duty of care under the "neighbour" test of Lord Atkin in Donoghue v Stevenson is the place to
start. Neighbour Test: In English law there must be, and is, some general conception of relations giving rise to a duty of care, of which the
particular cases found in the books are but instances. The liability for negligence, whether you style it such or treat it as in other systems as a
species of 'culpa ', is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions
which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In
this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbour becomes,
in law, you must

Elements Of The Law Of Negligence
"In our judgement the law is clear. The ingredients of the offence have been clearly defined, and the principles decided in the House of Lords in
Adomako . They involve no uncertainty. The hypothetical citizen, seeking to know his his position, would be advised that, assuming he owed a
duty of care to the deceased which he had negligently broken, and that death resulted, he would be liable to conviction for manslaughter if, on the
available evidence, the jury was satisfied that his negligence was gross." Per Judge LJ R. v. Misra and Srivastava [2004] EWCA Crim 2375 para 64
(in the Court of Appeal Criminal Division) In light of the above comments, consider the elements of the offence of Gross Negligence Manslaughter
and, referring to... Show more content on Helpwriting.net ...
Lord Mackay LC, when considering the case of Adomako, said that ''the ordinary principles of law of negligence apply to ascertain whether or not
D has been in breach of a duty of care towards the victim''. By looking at the above statement, it is clear that those same principles should apply in
determining these people to whom a duty of care is owed. These principles can be found in the leading negligence case of Donoghue v Stevenson
(1932). In this case, Lord Atkin in the House of Lords said "you must take reasonable care to avoid acts or omissions which you can reasonably
foresee would be likely to injure your neighbour (...) persons who are closely and directly affected by my act that I ought reasonably to have them
in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question''. It can be argued that
this goes much further than the traditional duty situations. If this examination is correct, then this form of manslaughter has certainly a very wide
scope. Nevertheless, the principles of criminal and civil law do not always go well together. This is demonstrated by the case of Wacker (2003),
which involved the bodies of 58 illegal immigrants and two survivors which were found in a lorry at Dover. The D was convicted of 58 counts of
manslaughter by gross negligence

Negligence In Emergency Management Law
Emergency management law derives from federal, state and local laws which legal responsibility may result in liability (Nicholson, p 393). When
addressing the state law, the tort concept arise known as negligence (Nicholson, p 393). Also, Immunities protect emergency managers under certain
conditions (Nicholson, p 393). The National Fire Protection Association and post–9/11 federal law generated new benchmarks for emergency managers
to follow that resulted in federal funds for the state and local emergency management performance (Nicholson, p 393).
Private and non–profit sectors plays a major role in a disaster operations providing unlimited services that boost the effectiveness of government disaster
response (both short and long term),

Tort Law Of Negligence In Nursing Care
A tort law is a collection of rights, obligations and remedies used by courts in civil procedures that provide relief to victims of legal, economic or
physical harm. The tort of negligence is civil wrongs brought by one's failure to exercise care against risks known to cause potential harm. It
involves three elements of duty of care, breach of duty, and resultant damage (McDonald, 2014). First on all, the duty of care is the obligation to
avoid acts or omissions, which are reasonably foreseeable to cause damage to another. The breach of duty means failure to exercise proper care. The
health professionals have a duty of care toward their patients has been established in common law, when a nurse fails to provide a reasonable and
knowledge–base standard of care to the patient, and result the patient avoidable harm (Glasgow, Dreher, & Oxholm, 2012).... Show more content on
Helpwriting.net ...
In spite of the nurse found out the very high pulse and already reached the criteria of medical emergency, however, she did not made a MET call or
informed Dr. Ahmad, and even not increase the frequency of observation. This nursing action is the breach of the tort law ofnegligence. In addition, on
the morning of 12 November 2007 Mrs. McKay–Hall's condition deteriorated rapidly, her heart rate rose to 140 beats, respiratory rate above 40 and
low urinary output. Senior nurse Karen Pene who was allocated to patient's section on that morning. However, she did not reassess patient's condition
and made the nursing summary entry without read the observation chart. The nurse Pene expected that junior nurse would report any concerns to her.
This nurse's action as a professional nurse is inappropriate and results in the damage to the patient. It is important to note that when the nurse breached
the duty of care, the third element must

Negligence Of Negligence Falls Under Tort Law
.0 Introduction Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances.
The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a
civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that
state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the
interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff's loss. Therefore, negligence
can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would
have done which amounts to infliction of harm.
2.0 Background The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential
harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of
property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of
property or injury to the plaintiff (Stuhmcke, 2005). There is more to

Contract Law and The Tort of Negligence
The area of law in this story is Contract law. A 'contract' is a written legally binding agreement consisting of typically an offer and acceptance,
between individuals or companies, who have to fulfil the legal requirements. The contract involved as stated, an "offer", which is a communication of
willingness to carry out an action on certain circumstances, which are made with the purpose that an compulsory agreement will exist once it is
accepted, and an 'acceptance' which is the ultimate and complete agreement to all of the terms of the offer. There are two types of offer, which are;
'unilateral offer', that is capable of being made to the world as whole– Bowerman v ABTA, and 'bilateral offer' which is made to a certain individual or
group. In this specific story, it can be seen that, there has been a bilateral offer that is made to certain individuals which are in the same category
of expertise; who are Basil and David, which were offered the same job by Albion Ltd. As they both requested further detail rather than providing a
clear acceptance, it can be seen that the offer can still be considered as open. It can also be seen that a short period after on May 22nd, there had
been a bilateral offer by Albion Ltd to Basil only, offering a job of becoming the sole distributor of the stapler with a 10% commission. Albion Ltd
makes it clear that, if an answer is not received by 31 May, it will be assumed that it is acceptable to him. In order to get an

Respondeat Superior Notes Essay
* Respondeat Superior * If an employee is within the course and scope of his employment is negligent, both thte employee and the employer will be
liable. * Sue just employee: F the employee has adequate coverage; and the employee is liked in the community * Sue just the Employer: Disliked
Employer, and sympathetic employee that you do not want in the court room. * Consideration that the judges take on * Ex: Hypo – Runner is in the
course of business, and doing it in a manner in a manner which he would expect him to do it. The law firm would be responsible if he ran a stop sign
and hurt someone. * Rationale: The employee is better able to pay the victim. The employer is getting the... Show more content on Helpwriting.net ...
412) Makes sure that the owner insurance policy steps up to pay when the owners care is used in a wreck * NC: Use creates a rebuttal
presumption that there is permission, and the insurance policy is involked * The person who is in the car when someone is driving negligently,
do not make you liable. * Indemnification * Make the D play the Employer back for the damages that they had to pay out. Fully pick up your
liability instead of contributing. * If we had to pay, then we can get it back from him. * This is indemnity is a complete shifting of t he loss form
the VLD back to the active D * If we are both in the case we can file a cross claim for indemnification, or we can have a spate action afterwards for
indemnification. * We have to show: * You have to give the runner timely notice of the settlement so that the can object if he wants to * The runner
was liable – the you did not settle a case that would have been won * The amount we settled for was fair and reasonable * Ways to do this– Use other
verdicts in similar cases, look at the out of pocket damages were, the strength of the negligence case would be a factor. * Joint and Several Liability and
Contribution * J&S L imposed in 2 situations: * Tortfeasor acted in concert * Both acted but we cannot tell who is the cause

Negligent Tort
Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American
civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual
(WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the
circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law,
2014).
A negligent tort is caused by negligent behavior, and this includes a person's failure to practice due diligence and the negligence committed can be ...
Small injuries or damages may occur when products malfunction, death may occur, or there could be damage done to ones property. The company
could face possible lawsuits and in order to prove negligence, an individual must have had a duty of care, which is defined as having responsibility to
act in the best interest of another. A company must always be ready to defend itself in all the possible issues that may arise and cause any form of
lawsuit (WiseGeek, 2003).
Recalled Product
Even though businesses do not like to recall its products, but when there is a safety problem involved a recall takes precedent over rather a
company will lose money. Recalls are necessary to protect consumers from injuries, and to save lives. Recalls are beneficial to everyone when
expedited effectively. From the act of negligence a company could publicly be exposed which could result in profit loss due to consumers being
afraid or refuse to purchase the product, and the stock values could fall if the company is publicly traded. This can be very damaging for a business
and could ultimately force the company to go out of business (Seaquist, 2012).
The U.S. Consumer Product Safety Commission (CPSC) is an independent regulatory agency responsible for protecting the public from unreasonable
risks of injury and death associated with consumer products. The CPSC has jurisdiction over approximately 15,000 different types of products used in

Explain The Duty Of Care Within The Law Of Negligence
The law of negligence covers a broad spectrum, with negligence being defined to apply in 'any situation where a defendant has breached a duty of
care owed to a claimant'. This essay will seek to look into the different areas within the law of negligence, to assess Lord Toulson's assertion in
Micheal v Chief Constable of South Wales (2015) . There will be a primary focus on his notion of 'incremental growth' , 'argument by analogy' , and
the necessity of 'policy considerations' , with particular regard taken towards the mixture of policy considerations, in an effort to determine whether
some areas, such as social costs, are weighed more heavily than others. Due to the wide breath and material covered under the law of negligence, this
essay ... Show more content on Helpwriting.net ...
Furthermore, the Ann's test similarly reflects this notion of limiting potential claims by specifying a 'sufficient relationship of proximity based upon
foreseeability' between claimants and taking considerations on policies which could negate a duty of care. This explicit acknowledgement of policy
considerations illustrates how the courts are keen to prevent the floodgates opening, as a large volume of new claims could swamp the court's
resources. However, in particular to the Anns test, the incremental growth of law and the implementation of the Caparo test didn't emerge from a
lack of policy consideration, but rather from no recognition of previous policy, as 'it was not necessary to bring the facts of that situation within
those of previous situation where a duty of care had been held to exist' within the Anns test. This draws parallels with Lord Toulson's idea of an
'argument by analogy for extending liability' . The fact that there was no homage paid to previous case law in determining a duty of care may
contribute to the necessity of implementing the 3 stage Caparo test , as it is necessary for courts to be consistent in their rulings so that people know
where they stand under the law. This notion is supported by the

Tort Law Reform And The Law Of Negligence
Introduction
A Tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists where the law exists'' The question is, Where
there is no debate or argument that a duty of care is owed to customers, public, employees where possibility of a risk may occur, that the scope of
liability in the tort of negligence or breach of duty.
In 2002, a Review of the Law of Negligence in Australia conducted by panel and chaired by the Honourable David Ipp (known as the IPP Report) and
the Recommendation 28 of the Standard of Care and Breach of Duty and Remedies/ Damages. As Stuart and Clark summarise, there has been major
hurdles across the country and codifying common law in the NT would be fruitless. "Tort Law Reform. While the tort law reform process has been
identified above as a driver in the move to class actions, the system of reform undertaken at both federal and state levels has had a number of important
outcomes, namely reform to the law of negligence. Amendments to limitation periods, and the capping, or extinguishing, of certain heads of damage.'
Definition of 'Duty of Care', and Standard of Care:
A Duty of Care – 'An Obligation imposed on a person to take reasonable care to ensure that they do not cause another person to suffer harm. Duty is
frequently determined by reference to established categories, for example, doctors to patients: ; 109 ALR 62. When in doubt, there is no settled
methodology for establishing duty of care

Tort Law Of Negligence Essay

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