9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion of this chapter‚ you should be able to: explain how a bailment arises
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The physician advised his patients that an X-ray was necessary to determine whether or not his tibia had been fractured. Because of the cost of the procedure‚ the patient refused. The patient then sued the physician stating that he had been negligent in not ordering an X-ray. In the case above it has already been determined that the defendant (the
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foundation of the economy. 2. Determine the elements of a valid contract‚ and discuss how consumers and banks each have a duty of good faith and fair dealing in the banking relationship. 3. Compare and contrast the differences between intentional and negligent tort actions 4. Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and‚ if the bank you’ve chosen were to behave as JP Morgan did‚ would you be able to prevail in such a tort action
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illegal‚ a number are‚ and may result in serious legal charges. These include criminally negligent homicide‚ manslaughter and murder. In order to help protect their rights‚ it behooves people to understand the difference between these offenses in the state of Texas. What is criminally negligent homicide? If a person causes the death of another person by criminal negligence‚ it may constitute criminally negligent homicide. In general‚ criminal negligence is any action that significantly deviates from
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provisions of IPC are not applicable to the doctors unless or until there is rashness or gross negligence. The following Sections of IPC are related to medical profession (2): Sec. 304-A Deals with death caused by a negligent act. Sec. 336-338 Deals with causing hurt by rash or negligent act. Section 304 and 304-A There is lot of discrepancy while applying these sections in cases of professional negligence by doctors and drivers. Most of the times‚ the police authorities register cases of professional
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Trina Rios could be found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle
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was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence‚ gross negligence‚ and malpractice. After differentiating between these terms‚ it will be determined if the doctor operating on Mr. Benson was considered to be negligent‚ gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent‚ the term negligent has to be defined
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Breach of Duty: The first issue is the standard of care in which the doctor will be judged on and it is going to be judged on the reasonable standards of a component doctor. The question arises! How do you test whether an act or failure is negligent? The doctor is to be judged on the state of knowledge at the time of the incident. In this case there is special skill required in this filed and it would be judged by the conduct of a competent doctor exercising that particular art. There many
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* Respondeat Superior * If an employee is within the course and scope of his employment is negligent‚ both thte employee and the employer will be liable. * Sue just employee: F the employee has adequate coverage; and the employee is liked in the community * Sue just the Employer: Disliked Employer‚ and sympathetic employee that you do not want in the court room. * Consideration that the judges take on * Ex: Hypo – Runner is in the course of business
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grounds that the jury was not given instructions on criminally negligent homicide. Issue: * Is there error in the court denying a jury instructions on criminally negligent homicide‚ instead instructing on reckless manslaughter‚ which alleges the defendant had intent to kill‚ when there is enough evidence to support the theory the defendant’s conduct was unintentional. * The court establishing the difference between criminally negligent homicide and recklessness manslaughter. Court: Court of
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