NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
Premium Tort law Tort Law
water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not an unreasonable risk of harm because
Premium Tort law Common law Tort
1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
Premium Contract
Week 3 Assignment Christopher Carlton 1. What court decided the case in the assignment? (2 points) The court decided for the defendants to prevail because premises liability and negligent infliction of emotion. 2. According to the case‚ what must a party establish to prevail on a motion for summary judgment? (3 points) Establish grounds for there enough cause for a motion. 3. Briefly state the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts
Premium Negligence Product liability Tort
Hyun Lee Eastman Kodak v. Image Technical Services -- Plaintiff This is yet another case that concerns the standard for summary judgment in an antitrust controversy. The principal issue here is whether a defendant’s lack of market power in the primary equipment market precludes — as a matter of law — the possibility of market power in derivative aftermarkets. Eastman Kodak Company manufactures and sells photocopiers and micrographic equipment. Kodak also sells service and replacement parts
Premium Photographic film Photography
Every nation’s government strives to create a system that maintains order in their community. Those who are in charge do not always make decisions that work to increase class equality‚ and as the rich become more powerful‚ the poor become more hostile. Class conflict is inevitable in society because everyone wants to have the same amount of access to the same resources‚ but in reality‚ this is not the case. An equal society is more likely to have an orderly population‚ but different classes of people
Premium Sociology Political philosophy United States
Defenses to Negligence Eleven-year-old Neal Peterson collided into forty-three-year-old David Donahue on a Minnesota ski slope in February of 2000. Peterson was headed down the slope at a fast speed when he struck Donahue who was travelling at a slow speed across the slope toward the parking lot. In seeking compensation for his injuries‚ Peterson filed suit against Donahue alleging negligence. As both skiers claim to be experienced‚ understand the associated risks and collisions involved
Free Common law Law Tort law
Negligence: The duty of care Introduction The tort of negligence has a role in providing compensation for those who have suffered through the actions of another. A negligent act can be summarised as failing to do something that should be done or doing something that should be carried out in another manner or not at all. When determining if an act is negligent‚ a number of basic principles are called upon in order to establish whether a duty of care is owed and if so‚ by whom. Reasonable Man In
Premium Law Negligence Tort
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
Premium Tort Tort law Law
Clinical Negligence “We have always thought of causation as a logical‚ almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because‚ for policy reasons‚ it should not.” (Charles Foster NLJ 5/11/2004 page 1644). To what extent do you consider that Charles Foster is correct in that causation and clinical negligence should be a “mathematical business” and the courts have‚ by introducing matters of policy‚ confused what should
Premium Tort Negligence Law