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The document discusses various defenses that can be raised to claims of participant liability in negligence cases. It outlines the four elements of negligence - duty, breach of duty, causation, and damages. It then examines defenses such as statute of limitations, assumption of risk, contributory/comparative negligence, and immunity. Special consideration is given to the duty owed to participants based on their status and any special relationships.

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 William Moorehead, President, All Clear Emergency Management Group Using situational analysis, participants will learn to identify common legal issues in emergency management and how to enhance response through agreements. This session will examine common legal issues encountered within emergency management and emergency response including liability and the formation of mutual aid agreements. The audience will analyze hypothetical scenarios and news stories to identify potential liability issues. The session will highlight the challenges and barriers to implementing agreements, benefits of prepositioned contracts, and the importance of putting agreement in place now before they are needed. The goals of the session are to review the fundamentals of liability, examine common legal issues, discuss best practices, and analyze situations common in emergency management.

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Elements of Torts Chapter 6 Meiners, Ringleb & Edwards The Legal Environment of Business, 13th Ed. ©2018 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school- approved learning management system for classroom use. TORTS & THE LEGAL SYSTEM The word tort derived from Latin tortus or “twisted.” Means “wrong” in Old French. A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. •Breach of a legal duty owed to another that causes harm •Torts arise from careless errors or intentional actions •The law reflects social values and standards •Lawsuits involving businesses can have large awards. In Pennzoil-Texaco case jury awarded $10.5 billion. •Has become a major issue for businesses Business and Torts Categories  Negligence  Intentional  Strict Liability Business becomes involved through  (1) person is harmed by actions of business or its employees  (2) a person is harmed by a product manufactured or distributed by the business  (3) a business is harmed by the wrongful actions of another business or person Some torts are unique to businesses (Chapter 7) Torts can be specific to property (Chapter 8) The Role of Tort Law • Tort law allows compensation for injuries wrongfully inflicted by a defendant on a plaintiff • Civil not criminal law • Law is determined in each state – rules vary. • However, the basic principles are similar across states. • Remedies should place an injured party in the position he/she would have been in absent the tort. • Fear of tort action deters injurious behavior by others. • Punitive damages punish malicious or extremely reckless behavior. NEGLIGENCE-BASED TORTS • Unintentional careless conduct that creates an unreasonable risk of harm to others. No intent to harm needed. • Elements • 1. Breach of duty of care wrongdoer owed to injured party • Owed to the plaintiff • Breach through an act or omission • 2. Causation (causal connection to the injury) • 3. Injury/Damages • Gross Negligence: Conscious & voluntary disregard for need to use reasonable care • More likely to lead to punitive damages Duty of Care and the Reasonable Person Standard • The standard is how persons in the community ought to behave. • One must be reasonable at all times, under the circumstances. • Not liable for everything – only for “unreasonable” acts • Standard: “What a reasonable person would do in same or similar circumstances?” • Applies to professions – CPA, MD, attorney, etc. • What a competent and experienced professional would do Squish La Fish v. Thomco Specialty Products • Squish holds patent on “Tuna Squeeze;” ProPack hired to assist with store displays. • ProPack got Thomco’s advice on adhesive for the displays. • Thomco sa ...

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The Heart Objectives · Identify the anatomical structures of the cardiovascular system · Explain how blood flows through the heart, lungs, and body · Describe the electrical conduction system of the heart · Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body Assignment Overview This practice exercise allows students to review the structure and function of the heart. Deliverables An annotated resource list of learning tools from the Internet Step 1 Access and review the online activity: https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share Step 2 Access and review the online activity: https://www.youtube.com/watch?v=H04d3rJCLCE#action=share Step 3 Access and review the online activity: https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be Step 4 Using the Internet, search for additional learning aids from reputable sources. Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics: · Heart anatomy · The electrical conduction system of the heart · Blood flow through the heart · Blood flow through the body · The cardiac cycle Step 5 Write a brief summary of each topic. For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately. Step 6 Submit your answers. When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the ACC 150 THE LEGAL ENVIRONMENT OF BUSINESS With Doreen Smith, Esquire Chapter 8 GENERAL PRINCIPLESWhat is a Tort? Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort. A breach of contract action is not a tort. CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong. GENERAL PRINCIPLES Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous INTENTIONAL T.

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