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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Respondeat Superior Introduction and thesis statements Respondeat superior is a common law doctrine which was established in England in the seventeenth-century which was later adopted by united states and has been an agency of a fixture of agency law. The Respondeat superior is the legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the agent commits a tort or civil wrong within the scope of employment and the principal is held liable although the principal may
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maintained harm both physically or rationally in an occurrence brought on by a demonstration of heedlessness of someone else. They’re likewise perceived as a mishap lawyer or a mischance attorney. A mischance lawyer ought to have sound information of tort law which as a rule manages common wrongdoing and harms conveyed on to somebody’s property‚ social standing and private legitimate rights. It’s key for a person to have a smart thought about what ought to be done when a mishap happens. A personal injury
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the plaintiff’s safety‚ so far as appearances could warn him." Without any perception that one’s actions could harm someone‚ there could be no duty towards that person‚ and therefore no negligence for which to impose liability (duty is a matter of law to be decided by a judge; therefore‚ a finding that there was no duty was sufficient to overturn the jury’s guilty
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from the hard drive all Mr Johnson personal information can get stolen and used on illegal activities and this is very unethical and unmoral from Larry. Computer World will be liable for Larry’s actions by Vicarious Liability – LAW (When a person is held responsible for the tort of another even though the person being held responsible may not have done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees) 3. What should
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warnings on the weed trimmer advising against removing the guard. She hits a rock‚ which is thrown to the side‚ hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants? ------------------------------------------------- The Tort Claim the neighbor has is negligence and product liability. The possible defendants are Mary‚ the manufacturer‚ the distributer‚ the wholesaler‚ and the retailer. The neighbor would sue
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particular type of tort action that involves something the law calls a "duty of care." The standard of care depends on the facts and circumstances of the case but‚ generally‚ the duty of care‚ in its broadest sense‚ means each of us should behave responsibly and sensibly‚ in the way a reasonable person would behave. To be guilty of negligence‚ a defendant in a lawsuit must breach that duty of care‚ and the breach of duty must be the cause of harm to the plaintiff. The law looks at two types
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(1985). A keeper of foxhounds (D) was liable for allowing the hounds to trespass onto the land owned by another person (C) during a hunt. Rights of entry * A private right of way granted to the D * Public right of way * A right given by a common law * A right of access given by a statute Continuing trespass A continuing trespass is a failure to remove an object (or the defendant) unlawfully placed on the land. It will lead to a new cause of action each day as long as it lasts. Holmes v Wilson
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appropriate standard of care’ (2004‚ p.272). Fenn et al (2004) also relay the dissatisfaction with the current scheme in England‚ which uses the tort of negligence to award damages; describing it as costly and time consuming due to the need to prove fault‚ meaning too few patients receive compensation for their injuries. To be awarded damages under the tort of negligence‚ a claimant ‘must prove that the defendant is at fault for the injuries cited’ (Fenn et al‚ 2003‚ p.272)‚ with fault being the operative
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parties to a contract. A CPA firm is in privity with the client which it is serving‚ as well as with any third party beneficiary‚ such as a creditor bank named in the engagement letter (the contract between the CPA firm and its client). Under common law‚ if the auditors do not comply with
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