Tort law

manufacturer is liable for the customer and the consequences that the product caused to them. In this case, the manufacturer of Shopsmith was held liable for negligence. The liability of the manufacturer is governed not by the law of contract warranties, but by the law of strict liability in tort. Therefore, the manufacturer, in this case Yuba, is held strictly liable for all injuries resulting from defects in its products, regardless of negligence, contractual relationship, or warranties, as it…

Potential grounds for appeal can be on the basis of ‘misdirection of law or facts, failure to refer to a defence, inappropriate comments by the judge, or jury irregularity.’ as stated in the AQA Law book. The Court of appeal consists of three senior judges, the superior of the three is referred to as the lady/lord chief justice. They have the power to quash convictions, in addition…

broad ratios avoid silos, with regard to the flood-gates argument. Section III will state the inappropriate application that narrow ratios can form in relation to privacy law in New Zealand. This essay will conclude that broad ratios further reflect social attitudes and prevent certain minority groups being excluded from the law, and therefore society. I) The flexibility of broad ratios With broad ratios the rule can be extended to include other aspects, such as that in the case of Donoghue v…

BA 207 Business Law Q 1. What are the general problems with the warranty theory? Many who file claims for breach of contract, may have problems winning their cases, because of one or more of these general problems: a. The claimant must prove that there was a sale. b. The sale was of goods rather than real estate or services. c. The action must be brought within the four-year statute of limitations under Article 2-275, when the tender of delivery is made, not when the plaintiff discovers the…

Law provides the necessity in which society is maintained, governed and protected – ensuring economies continue to prosper, and the values of justice and liberty are upheld. In the Lord of the Flies, the swift declination of stability and order, and thus the island’s descent into anarchy, showed me that the law is the most influential entity in our lives. Law also poses many questions, both philosophical and objective, and I wish to be able to explore these grey areas of morality in depth. Of…

because the Corps promised and then delayed their proposed sand transfer plant in 1988, the statute of limitations could not be used to prevent the case, because it is only good for more than six years2 from either the original tort or, in this case, a promise to fix the tort. Pitman set the precedent for the Owen Case, which prevented the use of navigational servitude as an argument against their case. In the end, the Federal appeals court reversed…

Vi: Good afternoon, I hope that this message finds you well. I just had a conversation with our contact at SEA today, and they advised that they had still not acquired an exemplar light pipe for testing. Moreover, SEA indicates that they contacted the folks with Illuminations, Inc.—the distributor that you and James had recommended—and that they have yet to respond to SEA’s request for a light pipe. Specifically, SEA is having trouble finding a light pipe with the particular extension kit used…

But if, under the criminal law, rashness and recklessness amount to crime, then also a very high degree of rashness would be required to prove charges of criminal negligence against a medical practitioner. In other words, the element of criminality is introduced not only by a guilty mind, but by the practitioner having run the risk of doing something with recklessness and indifference to the consequences. It should be added that this negligence or rashness or must be ‘gross’ in nature.…

United of States has a law commonly known as the Good Samaritan rule that is dominant in the US and is generally designed to protect people from harm by any omission or negligent act that results while providing voluntary assistance to others in a medical emergency. The nature and scope of immunity of such laws varies jurisdiction to jurisdiction. Legislation in some states offer immunity only to doctors, while other states extend the immunity to emergency medical personnel, police and…

mistake or honesty of intention will not defeat the cause of action. Such factors are, however, given relevance on the issue of the unreasonableness or seriousness of the deprivation or interference with the claimant's rights under the formulation of the law of conversion in determining the seriousness of the interference and the justice of requiring the actor to pay the full value, the following factors are important: the actor's intent to assert a right in fact inconsistent with the other's…