Tort reform

In managing cruise ships that house, feed, and entertain guests, it is important to keep ships’ environments up to par for Carnival’s guests. Additionally, such large cruise ships afloat in the world’s oceans require certain operating standards to maintain environmental protection standards. The following information expands on Carnival Cruise’s recent conflicts and the steps Carnival made to overcome them. The first conflict is about Carnival Cruise fails the health inspection. Inspectors from…

Personal Injury Attorneys Discuss Defense Attempts to Reduce Settlement Value When you claim for compensation both the insurance agent and the defense lawyer will try and find loopholes in your case to reduce the amount of compensation that needs to be paid. By having a personal injury attorney he or she will identify the weaknesses of your case before it is submitted. How Insurance Adjusters View Injury Claims Right from the beginning once you submit a claim you will be working with an…

The case that I researched involving the Uniform Commercial Code’s implied warranty of fitness for human consumption is the case of Tina Koperwas vs. Publix Supermarkets, Inc., and Doxsee Food Corporation. The facts of this case are Tina Koperwas, who purchased a can of Doxsee clam chowder at Publix store. When eating the chowder, she injured one of her molars when she bit down on a piece of clam shell. So Koperwas filed an action against Publix and Doxsee for breach of implied warranty of…

First, it must be determined if the members of Congress and the individual navy sailor have the standing needed to file suit. The issue of standing is covered by Article III, § 2 of the Constitution. There are two standing requirement tests: the constitutional test and the prudential test. (Lujan) The constitutional test requires the following for a party to have standing: 1) the party must have suffered injury-in-fact, (meaning it must be concrete and either actual or imminent), 2) there must…

Under U.C.C. Article 2-102, the sale of the car for $10,000 falls under the scope of the U.C.C. because it involved a contract for the sale of goods, defined as “tangible…[and] moveable from place to place” (Law and Commerce 232). Thus, the articles within the U.C.C. are to be applied to this case. When A sold the car to B, the car’s title moved from A to B. According to the U.C.C., “title passes to the buyer at the time and place at which the seller completed his performance” (Article 2-401).…

The appeal case of Mutual Life and Citizens’ Assurance Co Ltd v Evatt (1971) AC 793 (Mutual Life) was allowed on the basis of three issues including if the appellant had the competency to give this advice, if innocent misrepresentation is negligent and if there was an element of reliance by the respondent on this information. The interpretation of these factors determined the appellant owed no duty of care and was not liable for the respondent’s monetary loss. The first issue was if the…

1. Ford is being sued for failing to test the seatbelt sleeve because the plaintiff is suing on the basis of both a faulty seatbelt sleeve and the car defect that gives it a tendency to rollover. The claims were being stated as being negligent and strict liability. The trial court mistakenly did not rule on the negligent seatbelt sleeve separately from the suspension that caused the rollover accident. “The trial court determined as a matter of law that the seatbelt sleeve was not in a…

patient in order to proceed with any treatment or procedure. If the doctor has the consent approved by the patient he can precede, it is battery when the doctor moves on without this consent form. Battery doesn 't apply when a person is doing CPR. The tort of negligence means giving a patient the wrong information about he or her medication. Also, is considered a negligence when physician don 't give a good explanation about the medicine, and is use incorrect that cause a failure. Abandonment…

responsibility is weighted legally as damages incurred. However this matter is handled by the owner reflects the kind of business ethics Springfield Arms Apartments is overseen by. By understanding the torts and ethics can shed some light on the aftermath. On the evening of the event, the intruder…

Nuisance can be separated into private, public and statutory nuisance. Private nuisance is “ the unreasonable use of man of his land to the detriment of his neighbour (Miller v. Jackson [1977] QB 966 (CA); 3 All ER 338) and can only be claimed by the individual affected that has an interest in the land . The potential defendants can be the creators of the nuisance, regardless of whether they are also the occupiers of the property . However, if the occupier or landlord are not the creators…