Negligence

Throwing a rock is an assault. A serious question has come into issue. At the King’s Cross Station, Draco Malfoy spotted Harry Potter walking pass him at the train platform. In advance to scare Harry, Mr. Malfoy picked up a rock and prepares to throw it at him. When the rock flew past Harry’s face, it bounced off the walls and stroked Harry at the back of his head. Thus, cutting Potter’s head and causing him to require stitches for the cut. Now, based on the information given, I do believe Draco…

Facts – Big Elvis applied for a cleaning staff position at the Bellagio. The job interview required Big Elvis to climb a ladder produced by Get High Ladder Co. The ladder broke when Big Elvis reached the 7th of its 11 rungs. Parties involved – Big Elvis vs Get High Ladder Co. Business Law – Product Liability (Strict liability/Failure to warn/product misuse) • Analysis - There is no doubt that Big Elvis was injured from falling off the ladder. The ladder was manufactured by Get High Ladder…

Concept of Spoliation Introduction The job of an arson investigator is multi-faceted. Each investigator must be proficient at his/her job and preservation of evidence, tops their list. A fire scene is a forensic story of physical evidence waiting to be discovered and its facts revealed. The major concern of fire investigators is the preservation of physical evidence to prevent its destruction or alteration before it is submitted for competent examination and analysis (Icove, DeHaan, & Haynes…

Given Derek’s sensitive situation, it is evident that there is a clear case of direct discrimination by association. In this circumstance, Derek has been passed for promotion due to his wife’s ill health covered under the same body of law as disability discrimination. Due to the perceived notion that Derek may be required to care for her leaving him less able to devote more energy to the role. The Equality Act 2010 introduced this part of discrimination by association into UK legislation,…

On November 9 I spoke with Attorney Laura XXX from D’Oliveira and associates. She told me that she handled the personal injury case for Christopher she said that following Christopher’s motor vehicle accident on July 20 he received a settlement but that some of the medical evidence indicated a pre-existing cervical problem and that after November 2008 he was disabled from the pre-existing problem rather than from the motor vehicle accident. I said from our perspective he provided us with…

Criminal Liability of Tony Smith Arguably, Tony will be charged with numerous offences regarding his actions on March 11 2017. Offences Against Rebecca: Firstly, the most severe indictable offence committed was that against Rebecca. As stated on the facts Tony verbally abused Rebecca “yelling and screaming that she was a slut” Rebecca was crying hysterically. Tony later slapped Rebecca “hard across the face, continuing to call her a slut.” He then “punched her as hard as he could in the jaw.”…

Negligence on the freeway can be a common thing. Commercial vehicle accidents could be the most serious and devastating of accidents and if for whatever reason the driver doesn’t pay attention for one second he could lose control and wreak havoc. Some might ask the question, What is a commercial vehicle? A commercial vehicle is an industrial vehicle that is designed to carry massive loads of a company's products and transport it to various facilities. This includes semi-trucks, delivery…

I am writing to discuss the liability requirements in the tort of negligence, regarding the case of Mrs. Smith being severely injured by Mr. John Sherwood, when, due to his negligence he crashed into Mrs. Smith’s car causing her to break her back and be hospitalized, which resulted in her missing work till this day. The events occurred on the 12/12/12 at around 5.40pm. In the English law, negligence is the most accessed tort as well as important. The word tort is French and which is translated…

Parties: Ms. Palsgraf Long Island Railroad Co. Two employees Man catching the train carrying the unknown fireworks Issue: How is the duty of care determined for Ms. Palsgraf safety while on the platform of the train station? Does the Long Island Railroad Co. owe that duty to Ms. Palsgraf? Is the Log Island Railroad Co. responsible for the actual and proximate case of Ms. Palsgraf injuries? Facts: The plaintiff (Palsgraf) was standing on a train platform, when a man carrying a package rushed…

According to Professor Ernest J. Weinrib, corrective justice is the idea that liability rectifies the injustice inflicted by one person on another. This idea is based on the fact that the parties are considered to be in an initial equilibrium stage before entering the contract but when this contract is breached one party (usually the defendant) gains while the other (usually the plaintiff) suffers from the contract. Corrective justice is the notion of correcting this inequality by giving back…