Proximate cause

negligence. In duty, which states that the obligation people owe each other not to cause any unreasonable harm or risk of harm, Blondey Blonde Co. didn’t fulfill the obligation and duty that not to cause any unreasonable harm or risk of harm. By applying the reasonable person standard, Blondey Blonde Co. didn’t owe the duty of care. Their chairman…

procedures need to be performed” and even said that in her case, it did not have to be removed so, robbery did occur during the day of the incident before she arrived at the hospital. Actual Cause “But for” defendant’s failure to exercise reasonable care, plaintiff would not have suffered harm. Proximate Cause The harm was not foreseeable to the ordinary, reasonable, and prudent person because we expect medical attendants to be professional and not commit robbery to an unconscious person.…

Actual or Constructive Knowledge The first element of premises liability, of actual or constructive knowledge is not met. To meet actual or constructive knowledge a premises owner needs to have sufficient knowledge of a condition to be liable for the injuries caused by the condition if the plaintiff proves the defendant: knew that the hazard was on the floor and negligently failed to remove it; or that the hazard was on the floor so long that it should have been discovered and removed in the…

more complicated than just the patient’s physical health. With the increasing prevalence of obesity, diseases such as diabetes, ischemic heart disease and certain cancers have also increased. We can use health models effectively to better explain the causes of these diseases (Candlib, 2007). Therefore improving the general well being of a population effectively. Health is the ability to function in everyday life. The WHO (World health organisation) defines health as: A state of complete…

Todd v. 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…

protection of the rights. The court will also have to take into account if by stopping the pursuit Mr. Tipsy could still cause damage or a dangerous situation since he is intoxicated and behind the wheel. Mr. Tipsy obviously did not care about the officer why would he care about the other drivers on the road. The officer had the choice to make and decide what scenario would cause less damage and make them not liable for the actions of Mr.…

A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury. The first element is known as the “duty of care.” A duty of care arises when the law…

dismiss the role of development in evolution. The one that I have chosen to focus on in this paper is the idea of proximate vs. ultimate. According to Wiley Online Library, “Proximate (immediate) causes are those dealing with events in the lifetime of an individual that shape its development. Ultimate (evolutionary) causes are those that arise because natural selection has shaped the proximate mechanisms in the past” (cite). This specific section focuses on the idea that niche construction…

Judgment Notwithstanding the Verdict A judgment notwithstanding the verdict was requested for Cody, through his guardian, in 2007. The jury will have to decide whether the Taurus was a proximate cause of the injuries that Cody sustained. The amount of the award given could vary, depending on whether or not the court renders judgment in Cody’s favour. In addition Stark could call for a new trial under the premise that the previous court had erred in its decision. Negligent Conduct Another…

there was a killing of a human being by another. Actual Cause The defendant’s acts must have been the actual cause of the victim’s death. “But for” the defendant’s actions, the victim would not have died as and when he did. “But for” Doug shooting Tom, Tom would not have been killed. Doug is the actual cause of Toms death. Thus, Doug is the actual cause of Tom’s death. Proximate Cause The defendant’s actions are the proximate cause of the victim’s death if the result occurred as a natural…