special meal requests. Leslea‚ at the time of employment accidently mixed up meal orders resulting in Mr Toxopersonas receiving coco pops; Mr Toxopersonas consumed the coco pops of which he passed out and several losses occurred from the incident. The Law of Negligence appears relevant in this situation. In (Gerbic and Miller 2010 P.430) the three principles to determine Negligence are: i) Was the plaintiff owed a duty of care? ii) Is the defendant in breach of that duty? iii) Was the loss caused by
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DUTY OF CARE A Tort is a civil wrong‚ which is an action brought to enforce‚ redress or protect rights or noncriminal litigation. There are many Torts‚ however‚ of importance is Negligence. Negligence is the failure to do something a person of ordinary prudence would do. Negligence protect against personal injury‚ damage to property and economic loss. In order to establish negligence four elements must be established. Firstly‚ the plaintiff must prove that a duty of care was owed. Secondly‚ the
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fault in the cable would have been discovered if an engineer had inspected the crane after Elwyn’s shift had ended. To replace this cable would have taken six hours. Advise Hilift as to whether‚ and to what extent‚ the company will be liable in tort for the harm
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negligence‚ and professional medical liability reform. Association of Schools of Public Health‚ 118‚ p. 272-274. Salzman‚ James‚ & Hunter‚ David. (2007). Negligence in the Air: The Duty of Care in Climate Change Litigation. University of Pennsylvania Law Review‚ 155‚ p. 101- 155.
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MEMORANDUM To: John Jacobs From: Cesar Vargas Date: December 5‚ 2011 QUESTION PRESENTED 1. Is Target‚ liable for injuries sustained by Beth Adams‚ a store patron who slipped on a puddle of soda that had been pooled on the floor for a minimum of four hours? 2. Are target and its employees liable to Ann and Beth for the intentional infliction of emotional distress for the way employees handled the situation. Smith and Jones who are employees laughed‚ told Ann her daughter was faking her
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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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that Martin is in the process of setting up his own business which will compete with Swimmingpool Co. In considering the facts above make some legal observations on the following: 1. Is Swimmingpool Co liable for Martin’s actions? On what basis in law would this be the case? Employers and Employees always have an agreement of mutual consent and it is legally binding on each of the party to strictly adhere with the set rules and regulations. Although‚ Martin must be sound enough to make wise decisions
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to satisfy three requirements: first‚ he must establish that a duty of care was owed by the doctor or hospital to himself; second‚ he must prove that the doctor has breached that duty of care by failing to reach the standard of care required by the law; lastly‚ the patient must prove that his injury was caused by the doctor’s negligent act. Each of these requirements for negligence will be considered as the strict requirements for a successful claim of the patient suffering from an adverse event in
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Plaintiff could use all four parts of the tort claims. The four elements she will need to prove that she is not guilty is Duty‚ Breach‚ Cause‚ and Harm In this case‚ Patty who would be consider the plaintiff owes the defendant (security guard) nothing at all. She did what any other normal person would do‚ which was leave the store in a hurry due to the fact she had someone important to be. The second tort claim would be breach. A breach is a violation of a law or duty. The defendant must breach his
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Question A: Likelihood of Kimberly’s claim being successful: With the central issue in Kimberly’s circumstance of being physically and mentally impaired due to the shutters of the Bed & Breakfast house flying off and as a result‚ hitting the plaintiff (Kimberly)‚ there is a high possibility that Kimberly’s claim will succeed. As a result of Elle being aware that months after the shutters were installed‚ she noticed splinters in the wood and damage in some of the shutters but took no precautionary
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