Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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death of Patricia Bandy. The plaintiff‚ executor of Patricia’s estate‚ brought a lawsuit against Lamm and the Premier Corporation Lamm was working for‚ stating that since Lamm was an employee of the Corporation‚ last one as well was liable for his negligence. Lamm answered that he wasn’t negligent. He was incapable of driving because of a sudden stroke. Also Corporation answered that they were not liable because Lamm was not their employee‚ and that he was working for them as independent contractor
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tort has three categories namely intentional torts‚ unintentional torts (negligence)‚ and strict liability (Cheeseman‚ 2010). This case is specifically classified as unintentional tort or negligence. The victim could claim damages sought from the offending party (Cheeseman‚ 2010). Since Tim was injured‚ he could bring a civil lawsuit against Danny. This is possible as there are criteria concerning the conduct of negligence. Firstly‚ Danny owed Tim the duty of care. Meaning of duty of care is the
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Decision of the Court: The Court of Appeal confirmed the verdict of the trial court because the court denied financial compensation to Stephan Andres’ parents because of the lack of negligence by the spa pool itself. Rational for Court’s Decision: Negligence § 55--Negligence Per Se--Violation of Ordinance--Swimming Pool Supervision—Application to Spa Pool. In a wrongful death suit for Stephan Andres the trial court did not err by rejecting the plaintiffs offered jury instructions
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performed. On the other hand‚ liability is established on basis of accidence and negligence of party who has tort behavior. C. The standard and principle of payment is not same. Contractual liability is on the basis of the valid contract‚ and others are in terms of actual position to pay. Scenario1 There is liability in this case since Tom injured him badly‚ which is meant to be tort liability of negligence. In this case‚ Tom is an employee of the firm‚ and a teenager wants to steal some
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the individual for personal loss where the loss was caused by another person. It is based on Common Law. NEGLIGENCE - Negligence is one of many types of Torts. Negligence is now the dominant Tort and the focus of this topic. DEFINITION: Conduct that falls below the standard of care demanded for the protection of others against the unreasonable risk of harm. To establish a claim for Negligence the plaintiff must prove three essential elements:(1)
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Maryland state appellate case between the Board of Trustees‚ Community College of Baltimore County and Patient First Corporation. The Court of Special Appeals of Maryland reviewed the case on August 29‚ 2014 which involved a student phlebotomist’s negligence during a routine blood drawing of a six year old child. Being that I am a mother of two young children‚ this case really hit home for me because every year I take them for annual check-ups‚ vaccinations‚ and blood work. It really opened my eyes
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transfusion provided by the American National Red Cross. The blood transfusion that resulted in Mr. Ray’s acquirement of HIV was traced to a unit donated by a bisexual man at a blood drive near where the donor worked. Mr. Ray claimed that the act of negligence stemmed from the lack of communication between the high-risk donor and the American National Red Cross. Mr. Ray claimed
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The dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced
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the Consumer Protection Act‚ injured consumers have the mandatory requirement to prove that the producer or the manufacturer is guilty of negligence before they are allowed to claim for damages (Consumer Affair Directorate‚ 2001). However‚ when the Consumer Protection Act became effective‚ the injured parties are no longer required to present proof of negligence on the part of the producers or manufacturers. The term product liability was given to the applicable laws which affected the rights of consumers
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