Tort reform

The perceived problem with section 323 (1) (a) and (c) is the common law only acknowledged one basis of liability. Under the first basis, a person must have knowledge of the essential facts of the offence and intentionally aiding and abetting, counseling and procuring the offence. The new section 323 (1) (b) and (c) now covers the recklessness of the person. They was ambiguity found in the wording of section 323 (2) with the word encourage. With the new law, the person must have intended to…

Analysis of Liability for Fraud A contract between Tommy and the Royal Theater exists because Tommy bought a movie ticket at the Royal Theater to watch “The Governator”. On top of that that, Royal theater can be liable for fraud based on a couple of reasons. First would be if the theater was aware and had the motive to deceive customers. Secondly, Royal Theater could be liable for fraud if their aim was to make people believe what they were saying was the truth and people actually believed them.…

Week 5 - You Decide Factual Summary Coleman is an employee for Software INC, which requires him to spend the majority of his time traveling to meet customers with the objective to sell security equipment to businesses and bars. While on a sales trip in March of 2008 in Smalltown, Colorado, Coleman decided to steal a ring for his wife as an anniversary gift. Afterwards, Coleman met John, his client, at Jimmy’s Poor-Man’s Bar. While in Jimmy’s Poor-Man’s Bar. While in Jimmy’s, Coleman…

First Aid for Skateboarding Accidents Skateboarding can cause accidents to happen which leads to scratches, bumps, cuts, bruises, broken bones and other minor and major injuries. Whether you’re a novice, an intermediate or a professional skater, you are no exception to the rule. No one can predict when an accident can occur. However, what you can do is to avoid it from happening by taking protective and preventive measures. You should also be prepared in case a mishap occurs directly to you…

Question 7 – Across more than one Learning Outcome (30 marks)- 1500 (a) identify, with justification, one significant employers’ liability risk facing the sports centre. (3)-150 Employee Slips & Trips in Restaurant - As the risk manager I would consider the risk of slips and trips of employees working within the premises, particularly the restaurant. Slips and trips are a big problem in catering areas, employees “working in kitchen and food service environments are more likely to be injured…

Imagine losing a loved one, or even your own life, due to medical negligence? “Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error”. (Orthopedic Expert Witness , 2015) Unfortunately, it happens very often. I found a story about a patient that died after being administered…

1. Explain the complexities of proximate cause. - The complexity of proximate cause is determined when the question to how the crime was committed arises. According to Schmalleger F & Hall D (p. 74, 2017),” The complexity of causation can be seen in the 2014 case Paroline v. United States. In this case, the Supreme Court had to determine how to measure the harm which was proximately caused by the possession of child pornography. The statute in question required that restitution be paid by…

A breach is established where the D has failed in their duty to care for another, therefore, causing the C’s harm. Shakir may be liable for medical malpractice if his breach of a statutory duty to diagnose properly caused BD. To determine whether he has breached his duty as a doctor, the court will ask several questions that must collectively, not singularly, satisfy the court. In medical malpractice cases, a breach occurs when the D fails to take reasonable care that a medical professional in…

A personal injury attorney is qualified to handle legal cases involving brain injuries that cause trauma to the victim. Compensable brain injuries are typically the result of someone suffering an automobile/ motorcycle/bicycle accident, medical malpractice, violent assault or work-related accident. Pedestrian "strikes" (when a pedestrian crossing the street is is hit by a vehicle) also account for a large portion of brain injury cases in California. If you or a loved one has endured injury to…

Intent This rule identifies that a perpetrator can be found liable for torts performed against a plaintiff, regardless of whether the tort was unintended or it was the unintended victim (Statsky, 2011). For example, an individual lays an ambush to shoot Paul but instead ends up accidentally shooting Peter will still be found liable regardless of his original intention. Constructive Intent This is utilized to classify those torts, whose outcomes can be anticipated, however, when they occur, they…