Tort law

Negligence is consider tort and is a civil wrong committed against the person that the court remedies in the form of action for damages occurred such compensation. Negligence is the unintentional commission or omission of an act that a reasonably prudent person would or would…

Manufacturer’s Duty of Care Manufacturers have a duty of care to produce products in such a way as to “prevent injury or damage arising as the result of a fault or failure of their products” (US Legal Definations.com). When any individual sustains an injury which can be proven to be caused by a defect in the design or manufacturing processes of a product, making that product dangerous under normal use, the injured party can recover damages from the manufacturer. Often this recovery can occur…

They park their car on the side of the dirt road in Egypt. Howard Carter opens up his door and gets out. As he gets out he trips on a rock, and yells “It’s dang 1933 and i’m still tripping, im just looking for a tomb!” He gets up and proceeds to find the sacred cheeseburger. He has worked 31 years in Egypt just to find a bun with squared meat and cheese on it. He wants to discover it first. The destination is 3.2 \miles away. He will have to drive to it, but the road ahead is dangerous. Flying…

An analysis of the reasons for the judges decisions in each of the hearings including the basis on which liability was established or dismissed and the role of the persuasive precedent. Refer to two of the cases used in each hearing and how the judges used these. In the first hearing the judge chose to dismiss the liability factor as they believed the school could not do anymore to prevent a one off incident such as this. One of the precedent cases used was; Romel El-Sheik v. Australian Capital…

A contra- indication is a condition that indicates the fact that you cannot complete a procedure at all or to its full extent. A contra- indication can prevent or restrict the application of makeup and prosthetics. Before beginning any application of prosthetics, it is essential that the clients’ skin is visually assessed for any contra- indications. If a contra- indication is present then you need to assess whether the contra- indication prevents the application completely or just restrict…

Defination The law of tort is defined as a body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for individuals or victims (claimant or plaintiff) who have suffered harm from the wrongful acts of others (defendant). Parties which can acquire an action the law of tort Any individual can sue utilizing the law of tort. There is the potential for kids, kids who are conceived with handicaps because of mischief perpetrated preceding conception and…

1. The employer is protected for their reference as long as they meet two criteria. The first is that all the facts of the case must be factual. The judge in this case cited nothing that would indicate that the defendant was not being honest about the incident. They had a policy that drivers would be terminated for any accident that involved one of their drivers rear-ending another driver, and that is exactly what happened. The second is that the defendant did not act with malice. The judge…

the reckless action of an individual that results in damage, loss, injury or sometimes death. If there is a duty of care in the situation under consideration, than has there has been a breach of duty, that is, a failure to take care regarded by the law as reasonable in the circumstances and has damage or injury been caused or contributed by the breach .Ferny Grove State High School has a vigorous system for teachers to follow in order…

In this trial, the question the court is being asked to answer is whether Alex Cooper was responsible for his own injuries. Throughout this trial, the law applied was negligence. Negligence is broken down into four parts: duty, breach, causation, and damages. Due to the nature of this trial as a civil suit, the plaintiff had the burden of proof, meaning the burden to prove by the greater weight of the credible evidence. On the night of October 5, 2012, Taylor Hamilton was driving his mother’s…

Stella Liebeck was the passenger of a vehicle operated by her grandson who stopped at a McDonald’s restaurant in Albuquerque, New Mexico. Her grandson stopped the car after receiving coffee at the drive through window. Mrs. Liebeck knowingly placed a full cup of hot coffee between her knees and removed the lid to add cream and sugar. By removing the lid in an unsafe manner, she spilled the coffee in her lap, suffering third-degree burns to her lap and buttocks. In the trial, her lawyer…