1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
Premium Duty of care Tort Standard of care
criminally negligent homicide‚ he knew he can pass out at any moment even if he is driving. The teacher got four years in prison for not fallow what the doctor told hem not to do. Joe‚ in this case‚ knew if he eats shrimp he will pass out‚ even with this knowledge he decides to get into his car and drive. Oregon law doctrine weapon as “any objects” Joe elevated his crime to a higher level just because of the use of the heavy ford 350 pick up. And for this‚ he will be a charge of criminally negligent homicide
Premium Murder Crime Capital punishment
own doctor. P died‚ but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital‚ and that D was negligent in not treating him. However it was not proven that on the balance of probabilities P’s negligence caused D’s death‚ since he might have died anyway if he had been admitted to hospital. Performance Cars v Abraham [1962] 1 QB 33: P had a car collision
Premium Tort law Injury
entire Assignment Sheet. NTSB releases details on Lake Butler crash No charges have been filed against bus driver‚ although a criminal investigation continues. By ASSOCIATED PRESS Published February 3‚ 2006 LAKE BUTLER‚ FLORIDA – The truck driver who plowed into a car at a school bus stop last week killing seven children had been awake for 34 hours‚ except for a short nap‚ an investigator with the National Transportation Safety Board said
Premium Truck Automobile Bus
“Contract law and Tort law are like cheese and biscuits‚ different but complementary” (Holyoak 1983). A contract is an agreement between two parties that is legally enforceable. Contract law outlines the duties and responsibilities to one another‚ what a person can and cannot include in a contract and the remedies for breach of their contractual duties. Elements of a contract are offer‚ acceptance‚ intention to create legal relation‚ consideration‚ capacity of the party to contract and legality
Premium Tort Contract Tort law
Tort reform refers to the proposed changes in the common law civil justice systems that would reduce tort litigation and/or damages. Tort liability imposes significant cost on society. In 1991‚ US has spent a total of $131.6 billion on tort litigation‚ which is approximately 2.3% of the gross domestic product (GDP)1 Studies have shown that the citizens pay a tort tax of $1200 per individual or nearly $5000 for a family of four. 2 Today‚ tort reform is a contentious political issue and its advocates
Premium Tort Tort law
Assignment 3 Eric Parsons September 8‚ 2013 It is important to differentiate between crimes‚ civil offenses‚ and moral wrongs to understand criminal law. This paper will discuss the differences between criminal‚ tort‚ and moral responsibility. There is a responsibility to the public not to commit acts or omissions against the public interest. A crime can be defined as an act or omission that the law makes punishable‚ generally by fine‚ penalty‚ forfeiture‚ or confinement
Premium Law Criminal law Sociology
There are five different torts that can be the subject of court actions‚ the most common being Negligence. Good morning students of [example]‚ my name is [name] and I am here to give you a brief talk on an area of civil law. My presentation will be based upon the tort‚ negligence and will involve a related case. Negligence is a breach of a person’s or organisation’s duty to take reasonable care in the circumstances‚ which causes harm to a person or organization. It is a manner that involves harm
Premium Tort Law Negligence
Business law case Brown is a farmer who‚ amongst other activities‚ has been in the business of raising chickens on large scale. The baby chicks require a continuous supply of a oxygen to survive and the necessary equipment for that purpose is connected to the electric power supplies to the farm. In thee past brown had suffered a minor loss of chickens from an interruption in this electric service and had‚ as a result‚ installed an auxiliary battery operated power generator in the barn to be available
Premium Electromagnetism Electricity Electricity generation
and PHILTRANCO SERVICE ENTERPRISE‚ INC.‚Respondents. FACTS: Petitioners were paying passengers of Inland Bus (owned and operated by Inland Trailways under a Lease Agreement with Philtranco)‚ iIt was driven by Calvin Coronel. Around 3:50 a.m. on February 9‚ 1987‚ when the Inland bus slowed down to avoid a stalled cargo truck in Tiaong‚ Quezon‚ it was bumped from the rear by another bus‚ owned and operated by Philtranco and driven by Apolinar Miralles. Both Petitioners sustained and suffered
Premium Appeal Law Jury