Reasonable person

Business Tort and Contract Law Question 1 I. Dam Good as a business entity may be legally liable for the death of the pilot and the four passengers on board under ordinary and strict liability negligence. If the elements of these heads of tortious liability can be proved on a preponderance of evidence or on a balance of probabilities, then the estates of these victims could successfully claim from Dam Goods. According to Owen, in order to successfully prove liability in negligence, plaintiff…

paid by the person who is held liable for such damage. In tort law, this person or the entity (it can be a sovereign state or its agents like police/army or municipal authorities) is called the tort-feaser. In this paper, we shall try…

Nysha Moore Negligent Drug Overdose 1. Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur. Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to…

reasonably prudent person would exercise in like circumstances the four elements the plaintiff must prove to win this case against the grocery store would be. Element 1: Duty which is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty a explain would be a lawyer and a person asking for legal help which then creates a duty for the lawyer to help that person.…

wrongs separately from criminal wrongs? First, it is very necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing authority can ultimately prescribe a conviction. That being said,…

owners,” (Polischuk, 2015). The defendants also owed the plaintiffs a standard of care. This standard of care was breached due to the owners of the property not using “a warning device capable of detecting an escape of natural gas; did not take reasonable steps in response to elevated natural gas levels; failed to ensure any appliances or other devices would not serve as a source of ignition for escaped natural gas; and failed to adequately inspect, monitor or maintain their portion of the gas…

A court will likely find that Sean Winter’s abuse of authority contributes to a finding of outrageousness under Angeline Jean’s IIED claim. Abuse of authority, under Florida Law, is a factor that can strengthen the outrageousness element of an IIED claim. McAlpin v. Sokolay, 596 So.2d at 2. Abuse of authority occurs when a plaintiff suffers severe emotional distress as a consequence of a relationship with the defendant, who uses actual or apparent authority over the plaintiff or power to affect…

Protected Activity- Filing a formal complaint of discrimination or harassment with EEOC is a protected activity. Rebuttable Presumption: facts, that are accepted by a court until it is proved to the untrue. Relief Sought- Plaintiff must identify the damages or other relief sought in their complaint or pleading. Determining if they are seeking: Compensatory Damages- emotional injury to health status, inconvenience n, loss of enjoyment of life, injury to professional standing, injury to character…

3. A precedent is an interpretation made by a judge from an earlier case that is often referred to for a future case with a similar issue. This relates to stare decisis in that the precedent has a high effect on future cases and the judge will likely make the same decision unless the court finds a good reason to change it. An example of this is the Plessy V. Ferguson case. In this case, the judge decided that segregation was okay as long as the blacks and whites receive equal opportunities.…

Terms You Need To Know For Your Personal Injury Claim If you have been injured in an accident, you are probably experiencing many emotions. You may not know where to turn to get help as you struggle to recover from your injuries while providing for your needs and for your family’s needs. Our Sacramento personal injury attorneys understand your fears, frustration, and confusion. We can help! Call our office now for a free case evaluation. Legal Terms Used in a Personal Injury Case As you go…