Tort law

1. It has been determined that the product (coffee) that was sold with a defective container that had design defects, that the serving specifications of the coffee was manufactured at excessively high temperatures, moreover the container that it was sold in had no warnings, thus it was defectively marketed, so it is considered unfit for the ordinary purposes for which such goods are used; therefore, it is in violation of an implied warranty of merchantability. In contrast to this case of an…

When examining the the location of the vehicle and how it arrived there, courts generally view a vehicle being found in a parking lot of the original location more favorably than on or near busy streets. In Hiegel v. State and Nichols v. State, the location of the vehicles were found in the original location where the drinking occurred. (Cite) Both cases the vehicles were found off the road in a area that did not increase the risk of harm to public or themselves, such as a tavern parking lot.…

Work injuries can be devastating, emotionally, physically and financially. Nobody wants a workers comp. injury. The goal is to get the injured back to work Everyone gains when an injured worker is safely back on the job. There is really no one particular type of injury, though the most common is neck and back injuries accounting for 90% of most of the injuries occurring at work. Repetitive stress injuries, including carpal tunnel syndrome are also injuries that we treat on a regular basis. They…

The Ship of Theseus is a paradox in which raises the question of identity, of whether something of which had all the aspects of it replace will remain fundamentally the same. In my opinion, it can be seem that even though the physicality of the ship is gone, the essence of that object, place, or person will remain the same despite any radical changes that gradually takes place over time. Putting this theory into perspective it can be transferred into the identity and changes throughout the human…

If you own or manage a baseball team or league, you need Baseball General Liability Insurance. If a mishap occurs that results in property damage or bodily injury, and you don’t have insurance, costly legal actions can have a devastating impact on your assets. Any association or establishment that deals with children and has public spectators can be sued if an accident occurs. Baseball General Liability Insurance gives protection to business owners, employees and volunteers in the event of…

Assignment 1 Part A: Tort of Negligence Module Code 3MO509 Introduction To identify the principal elements of liability in the tort of negligence, concluding whether or not liability would be justified in the following three cases we must first understand what tort law is. “In most branches of English law the effect of historical accidents and procedural requirements is to obstruct orderly and scientific exposition- this is especially true of branches such as the law of torts where the…

chain of causation, the action shall be barred, and the almost unanimous opinion of the authorities is strong evidence that it does not.” Greene v. Guarino, 25 Va. Cir. 162, 166 (1991) (quoting Davis, Plaintiff 's Illegal Act as a Defense in Actions of Tort, 18 Harv. L. Rev. 505, 513)). Rather, when a suicide is the result of a “breach of a specific duty of care owed by the defendant to the person committing suicide . . . the well-settled rule is that liability exists only if the suicide…

defense that was raised in this case was the Assumption of Risk. A plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery (McAdams, 2015, p. 306). In Nalwa v. Cedar Fair, 55 Cal. 4th 1148, it states that common law doctrine the Assumption of Risk, a defense to liability for injuries resulting from "a specific, known and appreciated risk" to which the plaintiff had voluntarily consented. The implied-consent theory focuses on what the plaintiff knew about…

anxiety and distress". Unfortunately, he concluded that "in the circumstances of this case, the simultaneous TV broadcast of what occurred cannot be equated with the sight or hearing of the event or its immediate aftermath". We propose that the law adopts a less restrictive interpretation of what 'perception' means. This requirement…

In 1969, the court created a test to permit hate speech; only speech that poses an imminent danger of unlawful action, where the speaker has intentions to initiate such action, may be restricted by law (cite). In 2011, the court sided with the Westboro Baptist Church in regards to the group’s use of offensive signs to protest public issues (the original issue was about the organization picketing a U.S. Marine corporal’s funeral with posters that displayed…