deficiencies of the Pinto made by Ford Motor Company and the company was knowledgeable of these deficiencies before launching it into the market for consumers. Richard Grimshaw and the surviving family members of Lilly Gray sued Ford Motor Company for negligence and strict liability. In the original verdict Richard Grimshaw was awarded $2‚516‚000 for compensatory damages and $125 million in punitive damages. The Gray’s were awarded $559‚680 in compensatory damages. Because of a motion filed by Ford Motor
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1. Justify your position about the importance of the physician-patient and hospital-patient relationships. In a typical physician-patient relationship‚ the physician usually agrees to diagnose and treat the patient according to the standards of accepting medical practice and to continue doing so until the termination of treatment. A patient must have confidence in the competence of their physician and must feel that they can confide in him or her. This is always good‚ when you feel comfortable
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Summary Sheet • Malpractice and negligence both concern actions that are results of omission and acting in way that causes injury to patient. Malpractice concerns professional. • Tart is a civil wrong made against a person or property. • Elements of malpractice: duty owed to patient‚ breach of the duty‚ foreseeability‚ causation‚ injury‚ damage. • Nurse Managers are responsible for ensuring that standards of care are current in policy and that nursing staff follow the standards. • Issues
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Neighbor Principle The claim on tort of negligence is based on three elements‚ which are duty of care‚ breach of duty and the breach resulted in Damage. The case of Donoghue v Stevenson‚ regarding the snail in the bottle of ginger beer‚ reached the House of Lord in 1932. Lord Atkin formulated a general principle from it to govern the existence of a duty of care and this was the neighbor principle. In order for a duty of care owed there must be reasonable foresight of harm to persons whom‚ it is
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unnecessary treatments over 53 consultations at a cost of $73‚640 which was borne by the workplace insurer. The appellant litigated against the dentist in the Supreme Court for negligence and trespass to person‚ seeking exemplary damages. However‚ the trial judge found in favour of the defendant who admitted liability for negligence only and applied the Civil Liability Act‚ awarding damages totalling $1‚388‚615.20 and no exemplary damages were given. This appeal was made with the admission that the dentist
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GLENDALE CHEMICAL PRODUCTS PTY LTD v ACCC (1999) ATPR 41-672 Plaintiff: Michael Barnes Defendant/Appellant: Glendale Chemical Products Pty Ltd –Supplier of Caustic Soda which is called “DRANO” Respondent: Australian Competition & Consumer Commission Prepared By: GLENDA B. GAERLAN Presented To: PETER MCGUINNES BUSINESS LAW 1st Semester 2010 Background Facts: Michael Barnes bought a 500g of caustic soda called “DRANO” at a local store
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"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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