Proximate cause

of ATC radar survelliance system Primary Radar Principle: The primary radar unit has a major quality: It works with passive echoes. The transmitted high-frequency impulses are reflected by the target and then received by the same radar unit. Direct cause of the reflected echo is the transmitting impulse sent out by the radar unit. Secondary Radar…

activity. His critique painfully painted a picture of the US Army as it reached a deplorable state of discipline and readiness. The question then begs, what were the proximate causes that enabled this downward spiral? After further analysis, it appears the majority of these problems can be contributed to three proximate causes: the promotion of sedition through external groups and actors, the failure to address internal dissention throughout…

have a breach of duty. Nonetheless, it is not sufficient for the plaintiff to say there was a risk of harm. “The harm must be reasonably foreseeable” (Tingle, 2002). “Any objects on the baby-rattle breaking and choking a small child may be the actual cause of a defective product” (Seaquist, 2012). When considering actual causation, one has to keep in mind if the product actually caused harm or injuries to an individual. In the case of the Manhattan Company, no casualties or harm were reported.…

First, he mentions that in the courts ruling in Commonwealth v. Root, they held that “the tort liability concept of proximate cause has no proper place in prosecutions for criminal homicide and more direct causal connection is required for conviction.” Second, he suggests that, in this ruling, the Court relied on the tort liability concept of proximate cause. Therefore, the Court went against their ruling in Commonwealth v. Root. Comments: It is my opinion that the Court’s ruling that…

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 to board a moving train owned by the defendant (Long Island Railroad Co.). Two train employees pushed…

The law of tort, is defined as “a civil wrong other than a breach of contract” (Lee Reed, 2013, p.289). It is a law that focuses more on civil cases than it does criminal, but at times cases can be both. The law of tort has three categories, intentional, negligence, and strict. In the case of Alice versus University Heights Pizza and employee Donald, the case is considered a negligence tort, based on the incident of Donald causing injury to the health of Alice, with the company vehicle, due to…

and a tour of the manufacturers’ facility. If the company knew of the defective product and continued to sell them to consumers and an injury transpired it could be considered Intentional Tort. Not recalling a product that could be harmful and can cause detriment to a consumer may perhaps leave the wholesaler or distributor liable because it is their responsibility to make sure all regulations and policies are met. This may also border on negligence on the part of the seller if injury or death…

Chapter #12 Serving Alcohol Liability Scenario #1: Suzie, the Badlands Bar, and John Sulliovan While most of the states enforce injured people; who were injured by an intoxicated individual, to file against the commercial bar or restaurant who sold the alcohol, the circumstances point that the bar exercised reasonable care. As a consequence, John Sullivan has no case against the Badlands Bar, considering that the bartender requested her identification, which indicates that she was…

Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition. And, Cannady’s injuries were the direct and proximate cause of Daniels’s negligence. DANIELS’S MOTION…

National Hockey League and Board of Governors will be identified as NHL, service providers, or Defendants. Focus will be placed on the allegations of negligence against the governing body, the NHL. Negligence is considered the unintentional tort that causes injury to a person in the form of physical injury, property loss or reputation (Cotten & Wolohan, 2013). The complaints include breach of duty because the NHL allegedly fell short on their responsibility to…