Case Study: Ling's Can Be Held Liable For Negligence

Decent Essays
5-1. Ling’s can be held liable for negligence. Ling knew of the water hazard and failed to post a warning sign. In this situation a court would find Ling responsible for Kim’s fall.
5-3. Shannon will be held liable for negligence. Shannon was advised by her physician to not drive because of the medication’s side effects. Shannon clearly knew the dangerous risk of driving but drove anyways. Shannon will be held liable because she was aware of the dangers but did not listen and therefore injured another.
6Z. Bribery, forgery, embezzlement, and larceny can all be accomplished with only one illegal actor. Therefore, the only crime that involves illegal activity on the part of more than one person is receiving stolen property. In this situation

Related Documents

  • Improved Essays

    Marshall is the purchasing agent for the DigitoolArt Corporation. His duties require him to negotiate and execute contracts to purchase office supplies and equipment for the corporation. Assume that Bronson, a computer salesperson, pays Marshall a $20,000 kickback to purchase from him computers needed by the DigitoolArt Corporation. What breach of the duty of loyalty has Marshall committed here? A) competing with the corporation B) making a secret profit C) self-dealing D) usurping a corporate opportunity 4.…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Charlie V. Dennis

    • 562 Words
    • 3 Pages

    ARGUMENT I. DID CHARLIE ACT NEGLIGENTLY TOWARD DENNIS? DOES CHARLIE EVEN OWE A DUTY TO DENNIS? Charlie did not act negligently toward Dennis. In order for Charlie to be convicted of acting negligently, it must be shown that Charlie owed a duty to Dennis.…

    • 562 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…

    • 1263 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    Negligence is consider tort and is a civil wrong committed against the person that the court remedies in the form of action for damages occurred such compensation. Negligence is the unintentional commission or omission of an act that a reasonably prudent person would or would not do. It is a form of conduct which is caused by the carelessness of the standard of care on reasonable members of the society; In the medical field it is consider malpractice. The person who shows negligence does not use their best judgment against possible risk. For example, in the case Dr. Haskins did not examine Kelly nor review his chart.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    This paper will discuss liability and negligence in the healthcare field as well as negligence issue in the healthcare field. Liability is defined as a potential for a lawsuit (Dunn 114). Liability can be found just about anywhere and is a concerning area in today’s age. Healthcare workers are very familiar to this word and been familiarized throughout their careers with this word. I can’t be a scary thing to think about in this field the potential to be sued from an employee level all the way to a corporate level.…

    • 714 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Using this information, we could draft a complaint alleging negligence on a theory of res ipsa loquitur. This basically means that negligence—although not affirmatively established—may be inferred “when the circumstances of the incident, without further proof, are such that, in the ordinary course of events, the incident could not have happened except on the theory of negligence.” Lewis v. Carpenter Co., 252 Va. 296, 300 (1996). This legal doctrine, however, is incredibly narrow. Accordingly, there is a significant risk that our complaint might not survive a motion to dismiss or a motion for summary judgment, but with careful drafting, we think we can allege a cause of…

    • 576 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Question 1. To begin with, the buffalo creek disaster was out of negligence of the Pittston Company and not an act of God as was claimed by Pittston company. This is because the company was aware that the drainage system of the third dam required proper construction (Cowan 1). Secondly, it is sad to note that the compensation previously offered by Pittston company was meagre compared to the loss undergone by the survivors.…

    • 863 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Young v. McKim, 373 S.W.3d 776, 783 (Tex. App. 2007); Little, 236 S.W.3d at 334. It is the same standard as "gross negligence. " Young,…

    • 871 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    In the case of Tabet v Gett (2010) 240 CLR 537, the High Court was forced to rule on the validity of awarding damages for a “loss of a chance” in medical negligence. In the judgement of this case the High Court considered the distinction between a Medical and Commercial “Lost Chance”. Following the English case Gregg v Scott [2005] 2 AC 176, the High Court unanimously rejected the claimants action for damages due to a lost chance at a better medical outcome. Gummow ACJ highlighted the difference between a loss of chance in contract, where the occurrence of a breach can bring the action, and negligence, where the action relies on if and when damage was sustained.…

    • 1021 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Hence the plaintiff shall claim damages under the Civil Liability Act 2002 (NSW) s 3b , which is in respect of an intentional act that is done with intention to cause injury or death. In order to successfully sue the defendants for the loss of earnings, Benji must establish the following three basics elements of negligence as defined by Gibson and Fraser (9th Edition) : 1. Does the defendant owe a duty of care to the plaintiff? Duty of care could be established from the neighbor’s test from Donoghue v Stevenson [1932] AC 562, where it states that your neighbor is any person who is so closely and directly affected by what you do (the idea of proximity). Furthermore, it can be concluded from Fraser v Johnston (1990)…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The carpet is a foreseeable factor as the walkway can have these wrinkles. Furthermore, under Judge Andrew’s dissenting opinion, Myra can be part of the “any” consequences that naturally flow from defendant’s conduct. Thus, Myra may claim her proximate causation is satisfied. Plaintiff must prove actual damages for there to be negligence claim. Otherwise, there can be no negligence claim.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Negligence Case

    • 568 Words
    • 3 Pages

    If a person breaches this duty and damages occur as a causation of the breach a person is liable. The damages may occur from the actual causation of the breach or a proximate causation of the breach if the causation is foreseeable. Analysis: Brian swerved into the gutter to avoid hitting the cat that ran into the street. By running into the gutter he caused a board to break that then hit Susan in the head causing her to lose conscious. Susan then runs off the road and hits Little Johnny causing serious injury.…

    • 568 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Criminal Conspiracy is not always mean felony. Conspiracy is usually graded the same as the crime offenders were conspiring to commit. For example: If group of offenses to conspire to rob Fort Knox and are successful in robbing Fort Knox before they are arrested, then they will be charged with robbing Fort Knox. They will not also be charged with conspiracy to rob Fort Knox, because it is included in the charge of robbery.…

    • 277 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Boat Tort Law

    • 171 Words
    • 1 Pages

    State tort laws protect individuals from personal injury caused by a negligent lack of due care of their safety. Boat operators have a responsibility towards other people in and around their vessels. The courts will uphold this liability if drivers are found to have caused an accident through negligence, resulting in injury or death. Passengers who engage in recklessness and impede the safe operation of a boat may likewise be charged.…

    • 171 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays