Tort reform

do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or do something, which a prudent and reasonable man would not do”, Blyth v Birmingham Waterworks Co(1856). The tort of negligent misstatement is ‘inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge" (Willesee Bill, Law management…

Unfortunately, there are many obstacles in society that will occur and effect plans that are currently in place contract wise. Those obstacles can generally be resolved with little to no hesitation, but some can become a bit more challenging. For those that become more challenging, they quickly move from the area of being identified as obstacles to being considered damages. With that being said, punitive damages are “generally not awarded in an action for breach of contract,” according to…

Excursions are a fun and interactive way of teaching students what it’s like in the real world but rules have to be in place in order to protect students from dangerous occurrences. These rules are in place to not only protect the students but also the teachers and school from suing for negligence. Negligence is 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…

In the article Don't Forget about Flint, Michigan by Philip Lewis we see a tragic situation that could have been handled more precisely. Unlike a hurricane which can’t be prevented, this water crisis could have been prevented. Coming from a Utilitarian point of view, the Flint water debate is something less than tragic. The government has put the citizens in a spot were they can’t even get clean water to do normal, daily things. Over half of Flint’s population is African American and they see it…

1. Which of the following about malpractice is CORRECT? A. It is the intentional mistakes done by doctors while treating their patients B. Doctors' legal liability is waived by the patients' informed consent C. Healthcare provider's deviation from the accepted norms of practice D. It is only considered malpractice if it leads to injury, detriment or death E. All of the above 2. Which of the following is NOT a part of full disclosure of medical error? A. An explicit statement that an error…

TERMINATION OF EMPLOYMENT CONTRACT BY FRUSTRATION Doctrine of Frustration A contract of employment can be terminated (1) on grounds of performance or expiry, (2) by agreement, (3) due to an evident fundamental breach, as well as (4) on basis of frustration. An employment contract may be said to have been frustrated and brought to an end when an unforeseen supervening event occurs that renders the performance of the contractual obligations practically impossible or illegal. Destruction of…

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.…

QUESTION PRESENTED What factors do the U.S. Commodity Futures Trading Commission (“CFTC”) and Department of Justice (“DOJ”) examine to determine whether spoofing violations have occurred for prosecution under the 2010 Frank-Dodd Act? How is this demonstrated in the context of the United States v. Coscia case? SHORT ANSWER Intent is the biggest factor in whether the CFTC and DOJ can successfully prosecute under the anti-spoofing laws. To prove an anti-spoofing violation has occurred, the…

1. Whether Mike Jenkins and Shirley Johnson can sue Janice Cooper filing a 3rd party complaint? Since December 2016 Mrs. Cooper joined and shared all responsibilities with our clients Mr. Jenkins and Mrs. Johnson by signing a lease agreement to rent an apartment in the Crystal Court Apartment complex. It means if the Landlord brings a civil action against tenants, Mrs. Cooper is one of them and will be equally liable for the plaintiff’s damages if the court decides in favor of plaintiff.…

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…