productive forces. If there were no development of technology‚ there would be no today’s highly development of human materialistic and mental civilization. In other word‚ technology should guarantee people’s living in a better condition. However‚ human negligence causes letting technology not be suitable to respond possible disasters. For example‚ On August 29 2005 Hurricane Katrina caused over 50 failure of the levees and flood walls which were protecting New Orleans. The failures of the levee and flood
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Competence & Negligence Scenario 1: You work for a criminal defense attorney who is arrested outside of the courthouse on charges of inhaling nitrous oxide. He was at the courthouse for a pretrial hearing on a cocaine case. After the hearing‚ he returned to his car. He apparently passed out after inhaling as many as 14 canisters‚ stepped on the accelerator of his car and careened in reverse into a parked car. Nitrous oxide is commonly called laughing gas and induces a mild euphoria. The incident
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gleaned off the Internet? That’s the question confronting an Alberta judge who must soon decide if a mother’s withholding of professional medical care from her 7-year-old son‚ who eventually died from an acute bacterial infection‚ was criminal negligence or simply a well-intentioned but misguided decision. It’s the second time this year Alberta parents have landed in court because their children died after they refused to take them to a doctor or hospital and instead treated them with remedies
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reviewing an order of summary judgment‚ [***13] this court engages in the same inquiry as the trial court; summary judgment will be affirmed where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Hertog v. City of Seattle‚ [*578] 138 Wn.2d 265‚ 275‚ 979 P.2d 400 (1999) (citing Taggart v. State‚ 118 Wn.2d 195‚ 199‚ 822 P.2d 243 (1992); CR 56(c)). The facts and
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Injury Due to Labor and Delivery Negligence Some things in this world are simple and can be done easily by a single person. But‚ many tasks require a team work and unity. One amongst them is the task of bringing a child into this world. The birth of a baby should be the happiest moment in a parent’s life‚ but events that occur during labor or in the delivery room can quickly turn happiness to sorrow. It becomes the keen responsibility of doctors‚ nurses‚ and other team members involved in bringing
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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unreasonable conduct endangers someone to whom they owe a duty of care to. 4. The standard of care in most negligence cases is the degree of care that the law requires in a particular case. In most cases‚ the standard is reasonableness. What an ordinary prudent person would do under the same or similar circumstances. The standard of care is the way in which we measure the breach of duty that leads to negligence liability. 5. Some of the factors that help determine reasonableness are: sight
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Analysis Step 1: Ms. Jones’ lawsuit alleging negligence on the part of TWS for failing to maintain a safe entryway to the store needs to meet the four elements required for negligence: (1) a duty of care; (2) a breach of the duty; (3) causation; and (4) injury. Step 2: TWS claims Ms. Jones was comparatively negligent in an attempt to reduce the total damages that Ms. Jones can recoup which is decided upon the degree to which Mr. Jones’ personal negligence contributed to cause the injury inflicted
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Also allude to Pennington v Norris for second test.[7] Culture "Contributory Negligence"[8] was the title of an around 1982 sonnet by Attila the Stockbroker‚ an execution writer in the UK. The lyric scrutinized a court choice where an attacker got away overwhelming discipline and was requested to pay just a fine on the ground that the ladies somehow incited or added to the assault. History
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Tort Actions The most prevalent tort in scenario 2 is negligence. The first act of negligence would be the glass that was found in Anna’s food that caused her injury. The second negligent act was the waiter’s decision to carry a flaming dish through the restaurant without announcing his presence. The restaurant owner’s negligent decision to not install an emergency exit other than a revolving door entrance caused an elderly woman to be trampled and caused several other patrons to suffer from
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