Chapter 12 Torts The Basis of Tort 1. The Purpose of Tort Law a. Damages Available in Tort Actions Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses Special damages: compensate the plaintiff for quantifiable monetary losses. General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered‚ such as pain and suffering. b. Punitive Damages: Only when the defendant’s conduct was particularly
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Medical Negligence‚ Malpractices‚ Law and Bangladesh Perspective Back in 1992 there were hardly any private medical hospitals in Bangladesh. Standard of medical treatments were comparatively lower than now it is but it was at least at the standard as expected from the available expertise and technologies. This is 2012‚ and it is expected that the standard of medical treatment would grow up significantly. During 80’s- 90’s we used to see news of malpractices of so called ‘doctor’ only in villages
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In this scenario‚ a negligence case was fully established. Duty of care was established because the nurses went against their supervisors permission and proceeded to go on with the delivery. Instead‚ the nurses could have found another OBGYN or at least someone who has experience with delivering a baby instead of handling this situation themselves. This would have never lead to them getting stuck in a position where they didn’t know what to do. If they asked for assistance or waited until the other
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side‚ hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants? ------------------------------------------------- The Tort Claim the neighbor has is negligence and product liability. The possible defendants are Mary‚ the manufacturer‚ the distributer‚ the wholesaler‚ and the retailer. The neighbor would sue Mary for negligence because Mary should have never taken off the guard. And the neighbor would sue the
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Task1 What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort with contractual liability Contrast liability in tort with contractual liability. There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that due to the breach of duty‚ contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be
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Aspects of Contract and Negligence for Business Introduction: A contract between two parties is important for making any agreement. But not any agreement is contract. When there is an enforcement of law in an agreement‚ it converts into contract. There are many formalities to make a contract. Everything is not done when a contract is made. There may exist negligence either one party or both. For the negligence occurred one party‚ liability is imposed on another party. The law of tort differs from the law
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Changes In psychiatric Treatment Psychiatric treatment is an ancient practice that dates back to around 5000 BCE as evidenced by the location of skulls that showed signs of trepanning. In ancient world cultures‚ trepanning was a renowned method for treating mental illnesses‚ which the early man believed to arise due supernatural influences such as sorcery and demons. This method employed a procedure whereby the psychiatrist used a stone to make an opening (trephine) in the patient’s skull
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Law‚ Tort Law‚ Criminal Law‚ Contracts‚ and Civil Procedure Linda Baker Strayer University Professor Sandra Levengood HSA 405 February 29‚ 2013 Introduction The development of health care law goes hand in hand with the development of the health care industry itself. As the industry grew and expanded so did the need for
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INTRODUCTION TO BUSINESS LAW The Law of Tort Core Reading: Lucy Jones‚ Introduction to Business Law (Oxford University Press‚ 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance‚ the area on nervous shock. Aims and Objectives: - To enable students to appreciate the general law of tort‚ especially the concept of negligence; To understand how this area applies in
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P3/M2/D1 Ligament injuries The dictionary definition of a ligament is ‘’ A short band of tough‚ flexible‚ fibrous connective tissue that connects two bones or cartilages or holds together a joint.’’ This basically means a ligament is a connective tissue that unlike a tendon which connects muscle to bone a ligament connects bone and also stabilised a joint. When someone damages a ligament it’s called a sprain. An example of a ligament injury is an ACL injury (Anterior cruciate ligament injury). This type
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