One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case‚ Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence‚ T & J must be guilty of five elements: duty of due care‚ breach‚ factual cause‚ proximate cause‚ and damages. Duty of due care means that the defendant
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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RETAIL SCENARIO IN INDIA Unlimited Opportunity Contents The Global Retail Industry: An Overview Retail Scene in India: Touching Meteoric Scales Different Forms of Retailing Malls in India Challenges of Retailing in India Retail as an Employment Generator Retail Industry in the East: Current Scenario‚ Growth Prospects and Upcoming Projects Retail Education in the East Factors needed to promote the Industry in West Bengal Conclusion The Global Retail Industry : An Overview Retail has played
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plaintiff’s case makes its way through the legal system. Lawsuit funding is designed to help alleviate the financial stress and burden for the plaintiff. Lawsuit funding provides emergency funds for the plaintiff. Lawsuit funding provides a cash advance that allows a plaintiff to meet her financial obligations during the lawsuit process. It also gives the attorney ample time to reach a fair and full settlement for the plaintiff. Top 5 Advantages of Lawsuit Funding (1) The plaintiff is not obligated to pay
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To: Mr. McCraw From: Nicole Ryan RE: “Potential Negligence Claim Against Pharmacist” Facts: The patient/client has been diagnosed with HIV+ and sought medical attention. The physician conducted an examination designed to identify the appropriate specific medication for the patient. The appropriate prescription was emailed to the pharmacy‚ Rite Aid. The pharmacy received and labeled the medication but mistakenly put the wrong medication in the bottle. Therefore the bottle was labeled correctly
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Scenario: Grocery‚ Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom Green works as the produce manager for the store in My Town‚ U.S.A. Jeff Fresh‚ 17 years old‚ is spending his summer vacation working for Tom in the produce department. Assignment: Using the scenario
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advice. | Issues * Is Fanny able to sue Walter for negligence? If so‚ is Walter able to share some of the blame for negligence with the builder‚ for leaving the paint in the first place‚ or with Niral for causing the accident by spilling the paint? * Is Fanny able to sue the builder directly for negligence? * Is Fanny able to sue Niral directly for negligence? In relation to this point‚ is William in some way liable for negligence due to his position of care of his child Niral? In other
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Paula Jones’ Lawsuit Against Bill Clinton A lawsuit has been filed by Paula Jones‚ a clerk for the Arkansas Industrial Development Commission‚ for sexual harassment by then Governor Clinton. In her lawsuit‚ Paula Jones states that Clinton told an Arkansas State trooper to escort her to a private hotel room where she claims that she was sexually harassed. There are two sides to this case: Clinton states that he did not do it and that he has never seen this person before. Clinton’s lawyers say
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Torts Defenses to Negligence‚ Pg. 106‚ 4.7 In the case of Peterson v. Donahue‚ Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old‚ advanced skier‚ Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down
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