Proximate cause

Within that case, you will find mentioned the second case: Nordmann v. National Hotel Company, 425 F.2d. 1103 (5th Cir. 1970). That case establishes the basis by which the court in Margreiter determined the level of duty the New Hotel Monteleone owed to Mr. Margreiter. It may help you with the remainder of this homework. Read both cases. Then, answer the questions below. Here are the cases: Margreiter case Nordmann case 1. During an appeal, the appeals…

In the past few years, there has been a considerable amount of talk about the increase in metabolic disease statistics, such as diabetes and heart disease. Another rising statistic is the amount of people that are obese in New Zealand. Many people are keen on finding the reason of this increase and one of the popular targets is sugary drinks. A sugary drink is any beverage with added sugar or sweetener. Some examples of sugary drinks are sodas like Coca Cola or Pepsi, fruit juice, sports…

The debate over the atomic bombings of Hiroshima and Nagasaki concerns the ethical, licit and military controversies circumventing the Amalgamated States' atomic bombings of Hiroshima and Nagasaki on 6 August and 9 August 1945 at the close of the World War II (1939–45). On 26 July 1945, Cumulated States President Harry S. Truman, Amalgamated Kingdom Prime Minister Winston Churchill, and Chairman of the Chinese Nationalist Regime Chiang Kai-shek issued the Potsdam Declaration, which outlined the…

The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Friedman and Kerr). However, the USA PATRIOT Act amends several parts of the Foreign Intelligence Surveillance Act of…

In the aperture scenes there was the characters of the witches. In Shakespeare’s time witches and witchcraft were believed to be malignant – they were associated with the dark and death. Witches appearance like the agents of Satan and they doing his business. Witches believe that they able to optically discern into the future and they believe they could engender storms, hail, thunder and lightning and they could sink ships dry up springs stop the sun and transmute night into day and day into…

of a dangerous condition for which Congden and Maple knew or should have known existed on the grounds; d. Failing to use the care and caution that a reasonably prudent person would in the circumstances then and there existing. As a direct and proximate result of the Defendants’ acts and/or omissions, the Plaintiff has suffered injuries and damages as set forth above, all of which are in direct violation of the common law and Statutes of the State of South Carolina. 15. Ameche is therefore…

Within today’s society, the tort of negligence has come under the spot light, especially when related to injuries sustained through sport. The reason for this is due to the complex understanding posted by the judicial system, providing a strict guideline as to what is and what is not a negligence action. Negligence is when someone may fail to assert a reasonable degree of care to another to avoid foreseeable harm. A person may be negligent if he or she does not act as a reasonable person who…

regarding their inability to deal with civilization. No matter the cause, Christopher Johnson McCandless and the Henry David Thoreau’s credences are quite homogeneous as to why a person would turn their back on the conventional life. Their desires were pellucid in which they decided to both lead a simple life in the country due to their detestation towards the upper-class, love for nature, and their inability to remain proximate to society for long periods of time. Albeit, this does not…

The practice of education is increasingly being affected by the law, or more specifically, the lawsuits. The most likely reason a teacher or school will face legal action is due to alleged negligence; typically resultant of a student having been injured while under the school/ instructor’s protection. Although injuries can take place in a number of situations, injuries resulting from school laboratory or technical activities are especially prominent due to the nature of those classes and the…

Strict liability is imposed for abnormally dangerous activities that cause injury or death.” (Cheeseman, 2013,…