if it happens‚ and balanced against the cost of the precaution he must take to avoid the risk. If the product of the likelihood of the injury exceeds the burden of the precautions‚ the risk is unreasonable and the failure to take precautions is negligence.” The Louisiana law that set precedents over trip-and-fall cases was Frelow v. St. Paul Fire & Marine Ins. The ruling in this case was that Louisiana law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct
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Introduction: We filed a complaint last month in trial court alleging that there was negligence on the part of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samantha Smith had a duty to avoid the spill‚ and was unable to fulfill that duty because she was distracted by her misbehaving child. The store claims that her being distracted makes her equally at fault for the injuries sustained in her trip and fall accident. Statement of Facts:
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the vessel by them. They claimed that the proximate cause‚ for the loss of vehicle‚ was a peril of the sea or alternately‚ by negligence of the crew. The defendant insurers denied the claim on the ground that the loss was not caused by a peril of the sea but by defective‚ deteriorated and decayed condition of the vessel and alternately‚ if the loss was caused by the negligence of the crew‚ the plaintiffs had failed to show that they had exercised due diligence. House of Lords agreed with the contention
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1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
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Facts: The negligent act of Ruth in the fact that she did not properly park her car caused a series of accidents that resulted in knocked down power lines‚ grass fires‚ a gas station explosion‚ and an injured motorist. These accidents originated with Ruth’s in-action to not properly observe the securing of her vehicle which resulted in the damages suffered by the plaintiff Jim. Issue: The defendant Ruth owed a duty of care by her actions to protect the plaintiff Jim from harm. In the fact that she
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Case 1: In this case about 200 customers of Potter’s business were not notified of the termination of the agency and Aker who had been a sales agent for Potter for twenty years was also fired along with the termination of the company. Typically when there is a termination of an agency or a agency relationship the agent no longer represents the principal (Potter). However‚ if an agency is terminated the principal is under a duty of notification of the termination of the agency to the third parties
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cases fall under the category of a tort. In Latin‚ the term tort means wrong or harm. However‚ it is important to point out that these cases differ from criminal ones because in personal injury cases we are talking about someone’s results out of negligence actions. Common personal injury cases As previously mentioned in the personal injury law definition‚ there are different types of injuries‚ which have their own rules and procedures.
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example of tort is acts of carelessness‚ or failure to act which result in injury or loss to another person. An example is a driver who fails to drive properly and as a result of that failure injures a pedestrian. This incident can give rise to negligence which is the failure to take reasonable care to avoid injury or loss to another person. However in order to prove a negligent claim‚ it must be
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When someone dies due to the negligent or reckless behavior of another party‚ the estate of the deceased may elect to file a wrongful death claim against that party. These types of claims seek monetary compensation for the loss and are typically brought with the aid of a wrongful death attorney. What Is Wrongful Death? A wrongful death claim may apply when an individual is killed due to the legal fault of another person or party. Common examples of a wrongful death claim include murder (such as
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LaVar Johnson. Under this doctrine an employer is liable for torts committed by agents‚ who are employees and who commit the tort while acting within the scope their employment‚ in addition‚ it also makes the principal liable both for an employees’ negligence and for her intentional torts (pg. 944). On page 945 it states that most courts find that any employee’s conduct is within the scope of his employment if it meets each of the following four tests; It was the kind that the employee was employed to
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