"merchantable‚" meaning they work and are useable as normally expected by consumers. Implied warranty of merchantability: when a merchant sells or leases a product who is in the business of that particular product implies warranty of merchantability. Negligence of the manufacturer/seller A negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was
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IRAC Analysis Legal issues in the workplace Mariana Martiskova July 20‚ 2012 ISSUE: Is the GTE South‚ Inc. guilty of negligance per se towards Laura Baldwin on the grounds of unlawful telephone booth placement in rights-of-way ? RULE : Negligence per se may occur if any individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured. The injured person must prove : 1. that statute clearly sets out the standard frame in sense
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level of justice in these types of cases. Although tort law does give greedy people a loophole to bring up frivolous cases and receive unnecessary compensation‚ overall the general idea is good. The primary issue within this case would be the negligence of McDonald’s. By serving coffee to their customers at the high temperature of 180+ degrees which could cause serious 3rd degree burns is not only irresponsible but extremely dangerous. The fact McDonald’s had already received over 700 complaints
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Law: The Ethical‚ Global‚ and E-Commerce Environment Cornell Law School III. History of Product Liability 1. Denis W. Stearns IV. Product Liability Claims 1. Manufacturing Defects 2. Design Defects 3. Negligence 4. Strict tort Liability 5. Breach
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of care‚ the claimant must prove that the defendant was in breach of duty. ------------------------------------------------- A breach of duty occurs when defendant has not taken care‚ i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test‚ i.e. the defendant is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendant’s haystack caught fire due to poor ventilation. Defendant had
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for” test‚ it was shown that the watchman who died from arsenic poisoning would have died‚ if not later‚ even with the intervention of the doctor on duty at the defendant hospital. Therefore‚ the question would the watchman have died but for the negligence of the doctor of the defendant hospital is answered negatively. Although this test is the simplest test and should be tried first before any others‚ it cannot solve all problems. This test does not function well when there are issues with scientific
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Neglegance 2. Intentional 3. Strict product liability Standard of care froms 1. malfeasance 2. misfeance 3. nomfeance degrees ordinary gross negligence- …what should have been done what would ordinary prudent person have done in that situation? What would Jesus do? p.34 chart element of negligence 1. duty to care-legal obligation of care‚ performance‚ or observance imposed on one to safeguard the rights of others.. Case page 34 bonx county 2. breach of the
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Accountant liability law varies across states within the United States. Clearly‚ accountants are liable to their clients for any mistakes that they make within their realm of work. However‚ the liability becomes questionable when dealing with third parties. A company may have many affluent stakeholders relying on their financial statements in order to make important decisions‚ which may have monetary impacts. Therefore‚ an auditor’s precision is imperative. There have been many proposals in which
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breached and s 5R for contributory negligence. * Where both the parties seem to have been negligent‚ it is important to determine who is more at fault and for this purpose we need to use the ‘but for’ test as in the case of Cork v Kirby Maclean [1952] 2 ALL ER 402. * The application of s 5R of the Civil Liability Act 2002 (NSW) can be seen from the case Mak Woon King v Wong Chiu [2000] 2 HKLRD 295. Application Applying the three essentials of negligence to find out if Peter has been negligent:
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product‚ their environmental impact‚ and many other forms of complaints. Alumina Inc is such a company. Alumina Inc is facing a possible law suit over allegation about their environmental record. Alumina Inc is facing possible law suit for negligence. Negligence is defined as “the omission to do something which a reasonable man would do‚ or doing something which a prudent and reasonable man would not do.” (Cheeseman‚ 2010).. Kelly Bates is alleging that Alumina Inc is the proximate cause of her daughter’s
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