Has WIRETIME‚ Inc. committed any torts? If so‚ explain. WIRETIME has intentionally carried out a business associated tort most commonly known as Defamation. In this case all 4 factors of defamation are there. A defamatory declaration was made; it was displayed to a 3rd party‚ the declaration was very particular to one organization‚ and it put a negative frame of mind to BUGusa’s clients. Scenario: WIRETIME‚ Inc. (Janet) Has WIRETIME‚ Inc. committed any torts? If so‚ explain. In this case
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intervening causes in the case that so there was negligence of the worker pulling the man on the train caused the injury so the action had to be in place for the injury to be foreseen. In tort law this is a groundbreaking case in our nations history. It helped launch an idea of proximate case. This new meaning would consider that a defendant is only liable the harm if it is reasonably foreseeable. Proximate cause is now has a boundary on the range of tort liability. I believe that the majority opinion
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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package while knowing the contents. They argued that there was no negligence on the part of the defendant and if there had been negligence it was not what hurt Palsgraf since the injury came out an incident not related to assisting a man board a train. The Rail co moved to have the case dismissed because the Plaintiff did not present any evidence of negligence. RULE OF LAW APPLIED BY COURT Sir Frederick Pollock‚ The Law of Torts: A Treatise on the Principles of Obligations arising from Civil Wrongs
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Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence The careless performance of a legally required duty of the failure
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REACTION ESSAY After watching the documentary “Hot Coffee‚” I realized that it greatly explained how one incident started a domino effect that shook up the way Government protects big business forever. I strongly believe that Tort reform was meant to back big business and take away the rights of Americans who are wronged by these corporations. From a sociologist standpoint I can especially see the concerns of a conflict theorist because this is capitalism at its best. When
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Assignment 1: Law and Healthcare HSA515 Health Care Policy‚ Law and Ethics Dr. Harold Griffin January 22‚ 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally‚ this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations
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These following notes will cover these topics: (Australian Law System) The Functions of law‚ Social Cohesion‚Social‚Progress‚Sources of law‚Parliament made law‚Judge-made law Which type of law is sovereign?‚Classification of Law‚Regulation of human behaviour‚Criminal law‚Classifications of Crime‚Objectives of sanctions‚Civil Law‚Types of civil wrongs‚Civil remedies‚Types of civil remedies‚Crimes The Functions of law The two functions are: 1 Social Cohesion 2 Social Progress Laws are needed
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MEDICAL ASSISTANT A tort is a wrongful act that results in injury to one person by another. Medical assistants who commit a negligent act that may result in a law suit. If proven that the injury resulted from the medical assistant or doctor not meeting the standard of care‚ then a lawsuit is a possibility. However a medical assistant or doctor commits a wrongful act and the patient suffers no injury or harm‚ and then no legal action can be taken. If a medical assistant fails to report to
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Assignment V- McIntyre vs. Balentine‚ 833 S.W.2d 52 (Tenn. 1992) Prof Lindsey Appiah Tort Law December 16‚ 2012 Actions that gave rise to suit The McIntyre v Balentine law suit was the result of a vehicular accident that occurred on November 2‚ 1986. The plaintiff‚ Harry McIntyre‚ was exiting Smith’s Truck Stop in Savannah Tennessee onto Southbound Highway 69. The defendant‚ Clifford Balentine was already traveling Southbound on Highway 69. Moments after Mr. McIntyre entered Highway 69
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