Duty to warn

Topic - Evaluation of Emotional Distress in Tort Case: Legal Framework The two parties seen in tort cases are the plaintiff and the defendant (Fotte & Lareau, 2013). The plaintiff is the person who has filed an alleged tort whereas the defendant is the person who has caused harm to the plaintiff (Fotte & Lareau, 2013). In civil lawsuits there are three types of relief they are monetary compensation, specific performance, and an injunction (Fotte & Lareau, 2013). An injunction refers to…

provide counseling for different medical issues, and so much more. With nurses being involved in so many aspects of patient care nurses can be held liable for patient injuries if they were caused by the failure of performance from the nurses’ daily duties. According to Black’s Law Dictionary, nursing malpractice negligence means, “The doing…

activities. The law designs a series of directors’ duties to make sure the directors manage the company responsibly basic on interests of the company. However, whether those duties are effective in legal practice is a debate. In my opinion, the duty to act with reasonable care and diligence and the duty to prevent insolvent trading have not helped to prevent companies going into insolvency. The reasons are outline below. Explanation Directors have duties to ensure best interests of the company…

Tort There are three pillars of tort liability, namely: 1. wrong (tort) 2. Damage 3.alaqh causality between fault and damage. First: the wrong (tort) Is a breach of an obligation, and consists Altgosaira error of two elements: Second, damage It is harm to the person aggrieved than necessary financially compensated or morally because it touches such a right or legitimate for other interest, whether right or interest to life or the right to safety somatic, or not to touch the emotions,…

McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…

Vicarious liability can be defined as holding an accused criminally liable for the unlawful conduct committed by another. It is associated with special relationships, for example the employer-employee relationship whereby the employer is held liable for a delict committed by their employee acting within the scope of his or her employment. It is a manifestation of strict liability from the perspective of the employer as he or she can be held liable for a crime in regards to which he or she does…

2. That on or about April 2nd, 2013 the Plaintiff was asked by Defendant James Dwight Coombs to Transport Household Appliances and Items, with the Plaintiff’s Truck and Trailer only, a Conditional reasonable agreement was made with Defendant James Dwight Coombs over the phone, the morning of said incident. Defendant Benny Hans Sorensen Communicated with the Plaintiff later in the day asking the Plaintiff to make another trip, to move more said Items. The Plaintiff communicated with the…

Question 8 Under the heading of offences involving criminal negligence, and section 220 stating that, “every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable”, the case of F.J. (2008) set how the section should be applied. In the case, the accused failed to act and prove the necessaires of life to this foster son by not protecting him from the abuse the son suffered from the spouse; nevertheless, the accused was acquitted of charges.…

be. I will reveal the type of investigations I would follow. And lastly, I will evaluate the doctor’s response as well as William Cors’ response from the video. Where did the organizations go wrong? First and foremost, these organizations violated Duty of Care; “a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others” (Pozgar, 2015, p. 66). St. Barnabas Hospital suspected that Cullen was trying to kill or harm other patients by poisoning saline…

Joan’s Theory Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan. Issue: Did Dr. Witt treat Joan with a professional standard of care? Rule: “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009). Analysis: In order to establish a prima facie case against Dr. Witt, Joan will need…