Reasonable suspicion

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    Niles Case Study

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    for damages occurred such compensation. Negligence is the unintentional commission or omission of an act that a reasonably prudent person would or would not do. It is a form of conduct which is caused by the carelessness of the standard of care on reasonable members of the society; In the medical field it is consider malpractice. The person who shows negligence does not use their best judgment against possible risk. For example, in the case Dr. Haskins did not examine Kelly nor review his chart.…

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    described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight the importance of the negligent and its…

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    goods, the customer falls ill, misses five weeks of work (economic loss) and develops sickness that impact her life. All these damages can be avoidable if Aqua Clean provides safety defect of the products. These damages were reasonable foreseeable result of breach to a reasonable…

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    sufficient that plaintiff can state that one person other than himself is informed about this published material of his defamation. The third and the major one is the material must be false and must be discrediting to the plaintiff in the purview of any reasonable individual. This statement and context above also helps us understand the relevance of the case being made in the Berkoff vs. Burchill judgment. In the law of torts, first of the two conditions are true, but the third remains untrue as…

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    If she looked at the muffin before she bit into it, it’s reasonable to suggest that without squeezing or biting into the muffin, inspection alone would not detect anything out of the ordinary. Based on those facts, it does not suggest that Bob’s could have failed to live up to the standard owed. Therefore, Bob did…

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    Negligence tort occurs when one fails to demonstrate the kind of care a prudent and reasonable person would take under the identical circumstances and injury was birthed from the act or the absence of it. In order to justify that the defendant was negligent and therefore liable for one’s injuries, all 5 elements of tort ought to be satisfied. The 5 elements are: Duty, Breach of Duty, Cause in Fact, Proximate Cause and damages Jane v Luke Since Jane has suffered injuries, she in immediately…

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    Rockhead's Gym Case Study

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    seems to be very reasonable. For the unconscious of plaintiff, it largely because of Jim was hitting the ground with his upper part of body. The upper part of body is very weak and easy to get injured, especially the back. The probability is pretty high when a human’s upper back heavily crushed on the floor and ending up with an unconscious. In conclusion, the defendant needs to be punished financially, because defendant did cause the harm. The result of defendant’s action is reasonable and…

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    Injuria And Tort-Feaser

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    Damnum sine injuria and Injuria sine damnum are two maxims in the law of tort relating to the concept of legal damage. These two maxims define what and what not a legal damage is. The maxims are, thus, central to our understanding of what constitutes a legal damage. As we know, only in case of a legal damage, there is a legal remedy to repair the said damage primarily by way of compensation, which is called damages. Such damages are awarded by a court of competent jurisdiction to the victim and…

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    Negligent Tort Case Study

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    The Case of Negligent Tort On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer…

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    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…

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