Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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SAIN V. CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT: PROVIDING SPECIAL PROTECTION FOR STUDENT-ATHLETES? The scholarly article I chose was of great interest to me for several reasons. The case is an educational malpractice case in which a student-athlete said he was provided false information by his high school consolor and lost his basketball scholarship as a result. I was a student athlete in high school and sports are still a big part of my life. On top of that I am considering teaching and coaching
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before Christmas‚ should have alerted Ms Derrick that small children might be playing around‚ so she needed to pay extra attention in that circumstance. However‚ in the decision of the High Court of Australia‚ it pronounced the judgment that “No negligence on the part of the appellant was established.” The fact‚ Rosannie Cheung struck by the car‚ is unavoidable. Ms Derrick’s was driving within the prescribed speed limit‚ which was 45 to 50 Kilometers per hour. It was impossible to stop timely to avoid
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result in injury to any persons that they have business dealings with. Gertsen v. Municipality of Metropolitan Toronto‚ 1973 is an example of proximate causation (Harper‚ James Jr.‚ & Gray‚ 2005). This case highlighted the duty of care and negligence on the part of the Municipality‚ which operated a garbage dump in the area. They buried the garbage at a certain depth which resulted in the build up and eventual release of harmful gases that caused neighboring home owners garages to explode.
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University of Phoenix Material BUGusa‚ Inc.‚ Worksheet Use the scenarios in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. (WIRETIME) has committed defamation because WIRETIME wrote damaging words about BUGusa‚ Inc.’s (BUGusa) product. All four elements of defamation are present in this case. First‚ defamatory statements were made‚ a 3rd party
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How does the law justify imposing strict liability for some criminal offences? ‘actus non facit nise men sit rea’ means an act alone cannot constitute guilt without the proof of a guilty mind‚ for most criminal cases. Strict Liability is the legal responsibility for injury or damages even if the person was not at fault or negligent; this contradicts the above Latin maxim as it places sole responsibility upon a defendant without the proof of ‘mens rea.’ Strict liability is a topic that has both its
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of
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THE DUTY OF CARE OWED BY TEACHERS TO STUDENTS For a student to succeed in an action in negligence against a teacher or school authority it is necessary for the student to establish: that the defendant owed a duty of care to the student; that the standard of care was breached; and that this breach has caused the student to suffer some form of damage. The duty of care owed to a student by a teacher is that of a ’reasonable’ teacher. This means that the duty of care owed is the duty one would
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situations where one person has harmed or injured another person. Tort law covers violations that are intentional such as battery claim. It also addresses incidents where the party is held liable even if they did not act intentionally‚ such as in negligence claims or strict liability claims. Tort laws usually result in the liable party paying the victim monetary compensation for the damages. The four elements of Tort law are duty‚ breach of duty‚ causation and injury. In order to claim damages‚ there
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you are not confident with‚ it is what underlies the codes of practise and it should be built into your practise on a day to day level. Exercising your duty of care is also a legal requirement‚ and is tested in court in the event of a case of negligence or malpractice. Aii People have the right to expect that when a professional is providing support‚ they will be treated fairly‚ respect is given‚ they will be kept safe and not exposed to any unnecessary risks and not to be neglected. Having
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