legally required standard care causes the pursuer to suffer a personal injury or loss or damage. Negligence is harm which is caused unintentionally. Negligence claims arise because the defender owes what is known as a duty of care to the pursuer and‚ unfortunately‚ a breach of this duty occurs and as a result the defender suffers loss‚ injury or damage. In order to succeed when bringing negligence claim before the courts‚ the pursuer must show that the defender owed him a duty of care‚ and that
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Assignment I- Case Brief: McCarty v. Pheasant Run ‚ Inc. Prof Lindsey Appiah Tort Law October 28‚ 2012 Summary of Case Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981‚ Mrs. McCarty was attacked by a man in her hotel room‚ beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries‚ she claimed the incident
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Canada Ltd‚ Mr. Jacobsen an employer of Nike Canada Ltd was seriously injured in a car accident as a result of alcohol consumption while at work. This paper will prove that the defendant (Nike Canada Ltd.) was negligent in all the four elements of “Negligence “ and therefore liable for the injuries. Also it will explain for any legal defense that the employer (Nike Canada Ltd.) might be able to raise. Relevant Facts. Mr. Jacobsen was an employee of Nike Canada Ltd. The employer‚ through its representative
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liability this law a law applies to manufactures that manufacture and sell products that can be potentially harmful to the consumer. Strict liability tort and negligent tort are similar but with strict liability the victim does not have to prove their negligence. In the case of the keyless entry the malfunction occurs when the car owner exits the car. At this time the car should automatically shut off after a certain period of time. However the car does not and the engine continues to run. The car owners
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follows: The Happy Hour Sports Bar‚ bar owner and employee Bertha Young male bar patron The Issues The facts of this case may give rise to an action for damages on the basis of excessive force causing injury. This case may also include a claim of negligence on the part of the employee Bertha‚ since she threw the patron in the direction where the head injury would not likely have occurred. Also‚ the case deals with the rights of an occupier of property to eject a person from property‚ and the application
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heed a warning is not contributory negligence if the injury was the result of a different source of risk caused by the defendant‚ and the injured party was unaware of that risk.” “Solomon v. Shuell – Plain clothes police officers were arresting robbery suspects. The decedent thought the suspects were being attacked and was shot by one of the officers when he came out of his house with a gun. The court held that under the rescue doctrine‚ contributory negligence is not present if the rescuer had a
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Officer Ruthless are liable for Susie’s injuries‚ due to the simple fact that Officer Ruthless ordered Susie Marks to ride in Jerry’s camper because of the park curfew time. As stated in the book Law‚ Business‚ and Society‚ by Tony McAdams‚ a negligence claims requires
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party * Affected.injured party – rights to claim for unliquidated damages Torts divided into 2 classes 1. Unintentional torts – negligence‚ strict liability 2. Intentional torts- trespass‚ defamation Negligence -Failure of exercise care -harm caused by carelessness‚ not intentional harm Definition – by Professor Percy Henry Winfield: Negligence: the breach of legal duty – to take care‚ which result in damage‚ undesirable by the defendant to the plaintiff. <3 Lochgelly Iron
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Right or Wrong Scenario Edgar Munoz Kaplan University LS311 January 13‚ 2015 When looking at the following scenario the plaintiff will go after the store due to the employee is the one that ran over the dog. Theory of vicarious liability is considered in order to claim that a business is responsible for its employee’s actions‚ in this case the employee driving the pregnant lady to the hospital (Miller & Jentz‚ 2010‚ p. 457). Responedeat superior generally states that a business will
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Is there liability in negligence for injury caused by another in the absence of a contract? 2. Does the manufacturer of a product owe duty of care to the consumer to take reasonable care that the product is free from defect? Judgement The issue was complex because her friend had purchased the drink‚ and that a contract had not been breached. So Donoghue’s lawyers had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence. The leading judgement
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