liable for the damages caused by its employee.After paying for the damages‚the insurers tried to apply their subrogation rights against the victim’s son.Though the court accepted the argument that the negligent person(son) was liable to pay the recovery amount‚but because of public policy pressure the insurers had to give up their subrogation rights here. Also the Zurich Insurance Co. v. Shield Insurance Co.(1988)‚ also helps us to understand that there are situations in which the damage is covered under
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earthquakes caused major damage in Earthquakes occur every day on Earth‚ but the vast majority of them are minor and cause no damage. Large earthquakes can cause serious destruction and massive loss of life through a variety of damages can occur including fault rupture‚ intensive shaking‚ tsunami‚ dam failure‚ landslide and fire or hazardous materials could realease. In a particular earthquake‚ any of these disasterious events of damage can occur‚ and historically each has caused major damage and great loss
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Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 81262 August 25‚ 1989 GLOBE MACKAY CABLE AND RADIO CORP.‚ and HERBERT C. HENDRY‚ Petitioners‚ vs. THE HONORABLE COURT OF APPEALS and RESTITUTO M. TOBIAS‚ Respondents. CORTES‚ J.: Private respondent Restituto M. Tobias was employed by petitioner Globe Mackay Cable and Radio Corporation (GLOBE MACKAY) in a dual capacity as a purchasing agent and administrative assistant to the engineering operations manager. In 1972
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the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee‚ the medical officer. Nurse Su checks it with Nurse May before administration. Later‚ Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym. Identification
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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minimal damage in the process. What keeps SuperHeroes LLP’s CEO‚ Catrix‚ awake at night? In other words‚ what can get in the way of SuperHeroes LLP from successfully executing its strategy of cleaning up Good City and keeping it safe from criminals? If SuperHeroes causes more damage to the city than they prevent‚ they will no longer be providing value and will lose their contract with the city. The mayor told them that the city “would be lost” without them but that they “cause too much damage” and
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Commercial and International trade law 1. Introduction Carter plc. agreed to carry Scrutton plc.’s goods on board Carter’s ship from Portsmouth to Santander in Spain. And then sold it to Todd‚ but in the voyage‚ there are accidents‚ the goods were lost and damaged. The problems arose in this case involve international maritime transport and sales of goods‚ while Carter.plc‚(the carrier) Scrtton.plc(the shipper) and Todd(the buyer) are companies in British or Spain‚ and each country is the
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Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent‚ injury‚ damages and causation. The concept of ’intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P)‚ but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against
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nuisance must come straight from the land What is actionable: Cat has to prove damage because it is not actionable per se. The likely form of nuisance is intangible damage due to the substantial interference of the permanent smell of sulphur preventing her from using her garden and the noise from the fireworks on Sunday night causing lack of sleep. On the other hand‚ the tangible damage occurs due to physical damage broken
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Procedure/History: 1. Grimshaw sued the Ford Motor Company for punitive damages. 2. Grimshaw awarded damages in the amount of about $3.5 million. 3. Ford appeals punitive damages. 4. Appeal is denied and decision to award punitive damages up held. Issues (Holdings): 1. Did Ford exhibit “malice” which is necessary to establish in order to award punitive damages? (Yes) 2. The punitive damages awarded are too high for current Californian law‚ is this unlawful? (No)
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