"Damages available in the palsgraf case" Essays and Research Papers

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    Brain Damage

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    and behaviour is administrated through temporal lobe (Martin‚ 2003). Finally‚ the limbic system tends to control emotion as well as short term memory (Martin‚ 2003). Brain damage is the degeneration or abnormal growth of brain cells‚ which can be the result of outer (injury) or inner (disease) influences. Therefore‚ in cases of brain disease there are biological and psychological impairment that causes abnormality in the brain such as Alzheimer’s disease‚ Dementia‚ Amnesia and Aphasia; which some

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    1) Citation Palsgraf v. Long Island R. Co 248 N.Y. 339‚ 162 N.E. 99 (1928) Court of Appeals of New York 2) Key facts a. The plaintiff‚ Helen Palsgraf‚ was waiting for a train on a station platform. b. A man carrying a package was rushing to catch a train that was moving away from a platform across the tracks from Palsgraf. c. As the man attempted to jump aboard the moving train‚ he seemed unsteady and about to fall. d. A railroad guard on the car reached forward to grab him and another guard

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    torts and damages

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    Torts and Damages I . Concept/ Definition The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law  is the blending of common-law and civil law system. Quasi Delict refers to acts or omissions which cause damage to another‚ there being fault or negligence on the part of the defendant‚ who is obliged by law to pay for the damages done.

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    Punitive Damages

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    Punitive Damages Trisha D. Bowman Civil & Criminal Justice Professor Connor Punitive Damages Punitive damages are those that have surpassed simple compensation and that have been awarded to punish the defendant. These damages are usually only awarded in special cases and in civil court cases. In some states‚ punitive damages are based on statute; in other states‚ they are based on case law. There is no maximum amount of money that a defendant can be ordered to pay. After researching different

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    In the case Palsgraf v. The Long Island Railroad‚ 248 N.Y. 339‚ 162 N.E. 99‚ 1928 N.Y.Lexis 1269 (N.Y.)‚ Justice Cardoza denied recovery for the plaintiff. Justice Cardoza found that the railroad was not the proximate cause of Helen Palsgraf’s injuries. The concept of proximate cause is one that is less than precise. In today’s world of business can we still be sure that the reasoning used by Cardoza still applies? Has a new standard developed? In reviewing the materials in the text you should be

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    Remoteness of Damages

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    Remoteness of damage / Foreseeability of damages Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims‚ once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage‚ they must also demonstrate that the damage was not too remote. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims.   Remoteness of damage is often

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    Damage Environment

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    Damage to the environment is an inevitable consequences of worldwide improvements in the standard of living. The improvement of people’s living standard owes too much to the rapid development of science and technology. However‚ people nowadays are confronted with so many problems‚ such as the deterioration of environment‚ air pollution and the explosive expansion of population. Some people claim that the damage to environment is an inevitable consequence of economic development. From my point of

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    TOBACCO DAMAGES

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    Creating awareness about tobacco related issues among school children Developed by‚ Institute of Public Health For‚ District Anti Tobacco Cell‚ Bangalore-Karnataka Bangalore- National Tobacco Control Programme Ministry of Health and Family Welfare Dept. of Health and Family Welfare‚ Karnataka Design and compilation: Dr. Upendra Bhojani‚ Faculty‚ IPH Tobacco: Origin and Types Tobacco: Origin and Types • Tobacco was not an Indian thing! In 1498‚ when Portuguese came to India

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    Residential Water Damage Generate Mold and Mildew in Montgomery County Montgomery County Tips About Winter’s Effects Risk of Residential Water Damage At SERVPRO‚ we know that winter weather generates nurturing conditions for mold‚ mildew and getting residential water damage. Our area of middle Tennessee around Fort Campbell and Clarksville has high humidity in the summer and plenty of snow and rainfall during the winter‚ which can result in various situations that result in severe damages to your home

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    Causes of Damages

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    COLLEGE OF ENVIRONMENTAL DESIGN CAUSES OF DETERIORATION IN BUILDINGS By Dr.Abdul-Mohsen Al-Hammad OUTLINE INTRODUCTION THE SYSTEMATIC APPROACH FOR THE DIAGNOSIS OF A BUILDING DEFECT CAUSES OF DETERIORATION IN BUILDINGS IN GENERAL DETAILED CAUSES OF DETERIORATIN IN BUILDINGS WITH EXAMPLES COLLEGE OF ENVIRONMENTAL DESIGN INTRODUCTION Proper building maintenance should be considered during: COLLEGE OF ENVIRONMENTAL DESIGN * Planning * Design * Construction‚ and * Maintenance stages

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