Duty to retreat

Like the victim in Hinman, Joanie Blake will prove that Charles Harvey is liable for the damages sustained by Blake, based on the “direct and immediate” behavior of Harvey’s dogs (Lewellin 62). The said behavior led directly to Blake incurring significant injuries. The liability Harvey faces is reinforced by the Minnesota Statute that states, If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog…

Res ipsa loquitur is derived from the Latin language and when translated means “the thing speaks for itself” It is a doctrine that specifies that a breach of a party's duty of care may be concluded from the events that occurred (Learnscape). In other words, the breach is so obvious that there is an assumption of the breach of duty and the plaintiff does not need to provide extensive evidence, of the breach. And, the negligence speaks for itself (Duhaime). Jeff Passamore, legal counsel…

For laws pertaining to legal requirements at the scene of an emergency, one should be familiar with a state’s Good Samaritan statutes. In the state of Nebraska, “No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for medical treatment or care for the injured…

THE FUTURE OF PSYCHIATRILC INJURY CLAIMS- A DEVELOPING AREA OF LAW: The case of W v Essex CC and another2000WLR gives an indication that the house of lords is now prepared to contemplate extending the scope of duty of care in special circumstances and that law in this area is still developing. It is useful to consider this case in detail. The claimants ere appointed specialist adolescent frostier carers by the defendant council and they had explained, when they were approved by the council that…

and that it was due to the fault of someone else instead of believing it to be accidental. Negligence is a part of tort law, which consists of three essentials that need to be proven by the plaintiff in order to be successful in a negligence case. Duty of care, standard of care and sufficient connection in law are the three essentials that are needed in a negligence action case, which the concept was described by Lord Wright in Lochgelly Iron and Coal Co Ltd…

obligated to maintain that the information of the client and any matters discussed remain under complete protection from outside parties unless legally obliged to reveal the information. It is important for professionals to find the balance between the duty to maintain confidentiality, and the loyalty to the legal system; only under…

should take the plaintiff ‘as s/he finds him’. Thin Skull Rule gives the guild on how to measure damages, after the liability was established. However, an important condition under the rule is that the defendant is not legally required to show a higher duty of care to the plaintiff. He or she only ought to exercises the same level of care to the ‘thin skull’ as to all other normal people. In fact, Culligan had no actual acknowledge of Mr. M’s sensibilities prior providing him water. It follows…

Alan Negligence Action – a negligence action involves a duty, breach, cause-in-fact, proximate cause and damages. At issue in the Todd v. Alan action is what duty is owed to Todd. Typically, friends invited to stay at one’s house are considered licensees. If Todd was a licensee, Alan was required to warn Todd of all known dangers, including the rotted railing. As Alan did not warn Todd about the railing, he would be viewed as breaching his duty to Todd. However, the facts also indicate that…

Alexis Moss likely will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements:…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…