the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered severe injuries. Jim has come to our firm for legal representation. Jim has two theories of Melissa’s liability: 1) Melissa’s negligence 2) Melissa’s liability for the guard’s negligence. ISSUE Are Melissa Gilbert and/or her company Gravel Is Us liable for Jim’s injuries due to her and her company’s negligence? Are Melissa Gilbert and/or her company Gravel R Us liable for the employee’s
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician
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Tort Liability and Contract Liability A tort is a legal term for "a wrong." The "tort law" is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them‚ whether it’s a drunk driver‚ a corporation that manufactures a defective product‚ a credit card company that overcharges you‚ or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a school’s
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Week 2 Negligence Negligence Negligence is defined as persons or business’s actions that make them liable to foreseeable consequences of their actions. There are certain steps that the plaintiff needs to prove negligence on the defendant’s behalf. These elements are duty of care‚ breach of this duty of care‚ plaintiff suffered injury‚ defendant caused the injury‚ and it was the proximate cause for the plaintiffs’ injury (Cheeseman‚ 2013). In the case of the Bryntesen family we need to prove
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4.2 Strict standards Furthermore the research on finding new antibiotics is strictly regulated under standards‚ licenses and regulations‚ which make the process of finding new antibiotics very hard and non-lucrative for companies [9]. Most antibiotic trials are based upon an equivalent already existing antibiotic. These trials underlay very strict standards‚ such as that the antibiotic which gets tested must achieve equivalent or similar efficiency as the older version. The amount to which the efficacy
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Supreme Court of South Dakota‚ 2006 SD 98‚ 724 N.W>2d334 (2006) Facts Midnight Star Enterprises‚ L.P.(MSEL) is a limited partnership‚ which operates a gaming‚ on-sale liquor and restaurant business in Deadwood‚ South Dakota. The owners of Midnight Star are: 1- Midnight Star Enterprises‚ Ltd. With 22%) – it is also the general partner. 2- Kevin Costner with 71.5% ownership. However‚ Costner owns Midnight Star‚ so he owns 93.5%. Francis and Carla Caneva‚ own 3.25%‚ each. Caneva managed the
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MEMORANDUM ISSUE I. Can Doe reveal that Mr. King intends on lying in the upcoming litigation if asked if he had any alcohol prior to the accident? II. After consulting with King and he still intends on lying on the stand‚ can Doe withdraw from the case? III. Can Doe make a false statement of material fact or law to a court and fail to disclose a material fact necessary to avoid assisting King in a criminal or fraudulent act and offer false evidence? RULE The first relevant
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MODULE PROBLEM SET 2 Ryan Anderson‚ Erik Bare‚ Steven Kitchen‚ Daniel Stewart and Tamara Wogen Washington State University BA 503 Foundations In Business Law Kalvin N. Joshi‚ Esq.‚ J.D. NEGLIGENCE AND STRICT LIABILITY 1. What defense will Ragged Mountain probably assert? As the plaintiff voluntarily entered into a hazardous situation‚ aware of the inherent risk and danger involved‚ Ragged Mountain can assert the affirmative defense of assumption of
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Explain why parents are sometimes strict? Nobody wants their child to grow up without guidance which is why parents are sometimes strict. Strictness is one thing a parent can do to properly show that they care and love them while they are in the age where they absorb unnecessary things and get rebellious. Parental guidances is a big factor for many families with adolescents occurring in their children‚ they are at the age where they are confused and don’t know what to do. Parents are
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