FIRST MOOT COURT CASE IN THE HON’BLE HIGH COURT OF BOMBAY IN THE MATTER OF SUNITA ………..PETITIONER Vs. UKO Bank ………..RESPONDENT COUNSEL ON BEHALF OF RESPONDENT Most Respectfully Submitted to the Hon’ble Judge of the Hon’ble High Court of Bombay At Bombay TABLE OF CONTENTS 1. INDEX OF AUTHORITIES 2. REFERENCE 3. STATEMENT OF JURISDICTION 4. STATEMENT
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depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn’s and Paul’s actions were intervening‚ superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case‚ using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother
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Celia and Mary if one of their employees sexually harassed a customer. This falls under the negligence of an agent which states “in negligence of an agent‚ the principal is responsible because of the employment contract with the agent. In other words‚ if an agent acts negligently while being employed by the principal and is acting within the scope of the employment‚ the principal is also liable for the negligence of the agent‚ even though the principal did nothing negligent personally (Cheeseman‚ 2010
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this case? How do they apply? Does James have a strong case? Why or why not?” Between tort and negligence‚ negligence may have occurred in this case. According to the text negligence is‚ “a type of tort in which an athletic trainer fails to act as a reasonably prudent athletic trainer would under the circumstances.” A medical professional must also be found guilty of
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Jim. Can Jim recover in negligence from Ruth? Why or why not? Negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence is an unintentional tort‚ which the tortfeasor neither wishes to bring the consequences of the act nor believes that they will occur. In this case‚ we have one negligences: Ruth left her car in neutral‚ and one strict liability: the barn’s owner have dynamite. The first negligence‚ Ruth fails to comply a
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patient needs to another nurse or unlicensed personnel‚ to be able to reduce any potential Liability. On the other hand Negligence is defined by the Joint Commission on Accreditation of Healthcare or JCAHO as a‚ “failure to use such care as a reasonably prudent and careful person would use under similar circumstances”‚ (Croke‚ 2003) 54. There are also six categories within Negligence that lead to a Malpractice Lawsuit. These categories can help nurses identify any weak areas they may need to work on
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Wrongful Death- A Mini-Guide For Common Causes and Compensation Wrongful death lawsuits are filed on the behalf of someone who has died as a result of wrongful actions or another party’s negligence. Typically‚ the only person who can file a wrongful death lawsuit is the executor of the decedent’s estate‚ which is usually a family member. In this mini-guide you will learn information about some of the causes of wrongful deaths‚ compensation and how a wrongful death attorney may be able to assist
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Introduction There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages‚ injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs‚ injuries or damages. Thus‚ the goal of tort is to restore
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likelihood that she will succeed if she goes to court. Her claim will be based on the tort of negligence‚ the Duty of care‚ the Standard of Care‚ the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the defendants fault. Negligence is carelessness and to succeed in a negligence action‚ the plaintiff must generally show that the defendant was at fault. It is regarded
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08th October 2008 Tort-Obligations II Tutorial 1 1. What is Tort law for? ▪The law of tort- The word derives from the French for ‘Wrong’. ▪ The civil action for damages aims at compensation as opposed to criminal prosecution. Restoring the status quo. ▪Appeasement- the object of early law is to prevent disruption of society by disputes arising from the infliction of injury. The victim’s vengeance is bought off by compensation‚ which gives him satisfaction in 2 ways; he is comforted to receive
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