The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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they filed an action for damages against Inland and Philtranco. Philtranco answered that it exercised the diligence of a good father of a family in the selection and supervision of its drivers‚ and that the proximate cause of the accident was the negligence of either the cargo truck or the Inland bus which collided with said cargo truck. Likewise‚ Inland answered that it was the driver of the Philtanco bus‚ who was at fault according to the Police Report‚ and that the driver of the Inland bus exercised
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Civil wrongs - torts PowerPoint 1 Torts • Civil wrong other than a breach of contract • Causes personal injury‚ property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I’m the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance‚ defamation
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The film Class Action is a piece that does not directly involve a tort tale‚ however the case portrayed in the movie could easily depicted as one. In order to convert this case into a tort tale‚ we have to have a brief overview of the events that occurred in the movie. To start‚ the defense attorney (Maggie Ward) for Argo was the daughter of the attorney who was representing the clients who were suing Argo (Jed Ward). According to the movie‚ a certain model and year of an Argo (Fictional car company)
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Prepare an opening statement in which you describe the five (5) crimes Paul committed. List the elements of each crime and a short statement about the facts that support each element. In reviewing the criminal acts commited by Paul‚ there were five different crimes committed from the moment he enters Jill’s car and decided to draw a pistol. He then forced Jill to drive him to a different city at gunpoint and by doing this the first offense is kidnapping. This is the act of unlawfully seizing and
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The Law of Tort is a concept that has been evolving through the ages. This ever-dynamic evolution of tort law has been the mater to many principles under which tortuous liability can be demanded. Simultaneously‚ certain other principles are used‚ to counter these claims for compensation. These counter claims‚ or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were formulated from time to time
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Business Torts Pearl leos University of Phoenix Buisness Law/ 531 Kelly Dickson June 10‚ 2010 Proposed actions a company may take to avoid tort liability and litigation are vital to organizations. Proposed actions a company may take to avoid product liability risk may be a way out of liability issues. Assessing methods for managing legal risk arising from domestic and international regulatory matters is the best way to beat business torts. an integral aspect of a business liability practice
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Nuisance where the defendant’s actions "materially affects the reasonable comfort and convenience of life of a class of plaintiff’s subjects" "any continuous activity or state of affairs causing a substantial and unreasonable interference with a [claimant’s] land or his use or enjoyment of that land" Only those who have a legal interest in the affected land can sue Public nuisance concerns protecting the public private nuisance‚ which protects an individual. SAME** SLIDE 4:
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Health Law and Ethics HCS/478 Negligence Paper Health care providers have a responsibility to provide competent and safe care to their patients. When patient care is compromised or the patient does not have a successful medical outcome‚ sometimes the legal system becomes involved. It is important to be aware of the terms negligence‚ gross negligence‚ and malpractice because they are often misunderstood. This paper attempts to provide a definition of each legal term in an effort to distinguish
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create legal relations are blurred the litigants. Evaluate the above statement. Intention to create legal relations is part of elements in contract (“Intention”‚ n.d.). Intention to create legal relations is defined as an intention to enter a legally binding agreement or contract (“Intention”‚ n.d.). Intention to create legal relations is one of the necessary elements in formation of a contract. This is because intention to create legal relations consists of readiness of a party to accept the
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