Damage waiver

Contributory negligence is a common law tort where a plaintiff was completely barred from recovering damages if they (plaintiff) were negligent in any way for causing the accident. This would hold true even if the defendant’s negligence were greater and far more serious than the plaintiff’s (“Contributory Negligence,” n.d.). Our week #5 video provided an excellent history of the courts change from contributory negligence to comparative fault. The issue with contributory negligence, as stated…

This case arises out of damages sustained to a 397-unit apartment complex in Camp Springs, Maryland. The Owner, Metropolitan Apartments at Camp Springs, LLC (“Metropolitan”), incurred significant property damage following a magnitude 5.8 earthquake that occurred on August 23, 2011. (E. 1013). Appellee is WCS Construction, LLC (“WCS”), which served as the general contractor and construction manager of the project called “Town Center at Camp Springs Apartments.” (E. 947) Appellant is the…

harm, damages, injury, or death to the plaintiffs (McInnes 135) The plaintiff could claim Jamie's Whaling Station Ltd. is responsible for the safety of all persons on-board the passenger boat on the whale watching tour. The parties shared a commercial relationship and the plaintiff relied on the fact that the defendant represented that they would act in a certain professional way.(McInnes 139)The plaintiff could argue that Jamie's Whaling Station Ltd. did not use reasonable care to avoid damage…

may be liable for are strict liability an intentional. For example, strict liability can be a construction company that uses explosives to demo property. Homeowners in neighboring areas may be able to recover damages even if the construction company was not negligent or did not mean to damage other property. An example for intentional tort within business can include an automobile manufacture who knowingly installs faulty brake pads on one million cars to keep up with the demand of…

she incurred after tripping over some mail that was delivered on her porch by the United States Postal Service. The U.S. Government claimed that they had sovereign immunity in this case. The waivers of sovereign immunity for the Postal Service are as follows "claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government…

home or hotel. Thus, the company is acknowledged the possible risk associated with non-sober driving, so they placed that statement in the description to protect themselves. However, the company would be better served by having each customer sign a waiver, which will relieve the company of any responsibility for customers after they depart the…

Historically, Arbitration Agreements were a part of commercial business contracts. In 1925,The Federal Arbitration Act, or the FAA passed; giving employers the right to enact Arbitration Agreements in the workplace as a means of cutting the cost of litigating lawsuits in court. However, under the Unconscionable Contract or Clause.§ 2-302 ; Arbitration Agreements are not binding when entered or signed under duress and when unconscionable. The definition of an unconscionable is an unbalanced,…

Baker, 2016). When it comes to lawsuits involving negligence, the plaintiff must follow rules which are sometimes called elements. Four essential elements must be proved with negligent cases: standard of care, breach of duty, causation, and injury (damages). All four elements must exist for a plaintiff to recover (be award money) in a negligence case. The first element is standard of care, “The standard of care is the duty or responsibility owed by a defendant (this could be a person or an…

Introduction The legal systems that are used to establish the way each country responds to juveniles who break the law, vary according to the tradition and customs of its history. Although global trends can be identified as ranging from the protection of the young person as a developing subject to more punitive responses and close to the treatment given to an adult, there are multiple models that, in turn, seek to meet varied objectives. These range from the responsibility of the young offender…

Mutual Confidentiality Agreement 1. Scope. This agreement allows the parties to disclose confidential information to each other (“Recipient”) while retaining the right to run the parties’ respective businesses. This agreement applies whenever the discloser (“Discloser”) discloses Confidential Information to the Recipient, and is dated as of the date of last signature. 2. Form of Disclosure. Confidential Information may be disclosed to Recipient: in writing (including without limitation, in…