...Fair Comment 9 Apology 9 Offer to make amends 9 Consent 9 Fair and reasonable publication on the matter of public interest 9 Question 1 Under the tort of negligence there are a number of factors that must exist in order to establish negligence. Firstly, there must be a duty of care to protect others against reasonable foreseeable harm or loss. Secondly, there must be a breach of that duty. Thirdly, there must be loss or damage to the plaintiff and finally, there must be a causal link between the breach of duty of care and the loss or damage suffered. Duty of Care Duty of care refers to the relationship which the law recognises as giving rise to a legal duty to take care. A duty of care is a responsibility to take such care and breach of this can lead to the defendant being liable to pay damages to a party who has suffered losses or injury as a result of their breach of care. Therefore it is important for the claimant to establish that the defendant owed them a duty of care. In this case study Donoghue v Stevenson (1932), the duty of reasonable care was established. Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over...
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...towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability law has become a very effective tool...
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...Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers Liability Law? Analysis...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Damesha N. Horace Law 531/Business Law July 19, 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest (West’s Business Law, 2004). To reduce litigation and tort liability, businesses should ensure they are educated in local, state, and federal laws, and regulations. To protect its reputation and assets, it is critical that businesses have a plan in place to address tort and regulatory risks. Preventative, Detective, and Corrective Measures A preventative plan should include procedures that make businesses aware of regulations and liability torts they could encounter. The company business plan should also include actions to take in the event of a government regulation violation or tort liability. The plan should identify possible torts for non-compliance to government laws and regulations. Other issues that should be in the plan include health risks to employees, consumers, and the public. Companies should delegate a team of individuals to educate employees. This team should fully understand laws and regulations and also keep management abreast of new issues as they develop in the industry. Common Torts and Risks Negligence, defamation/slander/libel, invasion of privacy, Freedom of Information Act (FOIA), and strict liability are tort liabilities uncovered...
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...the plaintiffs. This case is against the defendant's plea for a summary judgment. The plaintiff underwent a neurosurgery at the defendant hospital and it was performed by Dr. Folliss who has medical staff privileges at the hospital. Due to Dr. Folliss's negligence the plaintiff sustained quadri paresis, painful injuries and disfigurement. The plaintiff commenced action against the defendant hospital in granting clinical privileges to Dr.Folliss who was not board certified, in failing to ascertain if he was eligible to perform neurosurgery and in failing to adhere to the standards of JCAHO. Issue: Is the defendant hospital responsible for the harm caused to plaintiff in not adhering to standards of JCAHO. Holding decision: The appellate court reversed and remanded the summary judgment. Analysis/ Reasoning: The defendant hospital was accredited by JCAHO and as per JCAHO regulations anyone having surgical privileges at the hospital should be board certified. But Dr. Folliss had the surgical privileges and it was renewed even though he wasn't board certified and was not eligible for the exams anymore. The hospital did not take any action to ascertain if Dr. Folliss has taken and cleared the exam and hence it did not adhere to the JCAHO regulations Concur/Dissent: I concur with the decision of the court. SOKOL v. AKRON GENERAL MEDICAL CENTER, 173 F.3d 1026 (6th Cir. 1999) Relevant facts: The Medical council at the Akron hospital received information that the plaintiff had a...
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...results in injury to a person, property, or good name. In most cases the person injured is entitled to compensation (Jennings, 2006). It is in the businesses best interest to be educated on local, state, and federal laws and regulations to reduce regulation and tort liability. A business must protect its assets, earnings, and good name. A company must have a plan in place to reduce and eliminate fines, penalties, and tort liability. The business must have a preventive plan in place to address regulation compliance and tort liability (Dore, 2008). Preventative, detective, and corrective measures The preventive plan should include measures to know and understand regulations and liability torts the business could encounter. Furthermore, the business plan should include steps that will be taken in the event of a government regulation violation or a tort liability. The plan should first identify the possible torts for non-compliance to government laws and regulations. The following are some of the issues the preventive plan should include: The business must identify health risks to employees, consumer, and the general public. The business must take solid steps to ensure the product, or services rendered is not harmful to others. An employee of the business needs to be assigned and responsible to understand the laws and regulations that affect all facets of the business. This person needs to keep management informed of new laws and regulations. The person is also responsible to train...
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...legal system is broken. Many defendants are convicted with little evidence. A case study from 1968 was Johnson v. Wilmoth in VA. This was an “automobile accident case where defendant was blinded by oncoming headlights. Virginia does not follow strict liability rule for temporary impairment of vision by glaring lights that requires motorists to stop or proceed at peril”. Each year, 15 million civil cases are filed in the U.S. In Virginia a woman named Irene Banks Johnson (plaintiff) filed a motion for judgment against a woman named Racheal Wilmoth (defendant) seeking to recover damages for personal injuries allegedly sustained by the plaintiff when she was struck, while a pedestrian, by an automobile operated by the defendant. The defendant filed grounds of defense denying negligence on her part and alleging that the plaintiff's own negligence caused or contributed to the injuries...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...a variety of other co-morbidities before or during early adulthood. The prevalence of overweight is dramatically higher in economically developed regions, but is rising significantly in most parts of the world. Studies suggest that excess body weight cost the US health-car systems an estimated $31 billion to treat overweight and obese children who develop any health issues due to their obesity state. One of the first lawsuits in the US against fast food industry was the case of Ashley Pelman vs. McDonald Corp. Ashley’s’ mother Roberta Pelman allege that McDonald Corp practices when making and selling its products were deceptive and that the deception caused minors consuming the products to injure their health by becoming obese. The very first time Pelman brought this case to courts the Judge dismisses the suit with leave to amend on January 22, 2003. The case was dismissed under the New York Consumer Protection Act this was because the Pelman’s failed to cite any specific advertisement or public statement that could have been considered deceptive. When Roberta Pelman originally brought the case to the courts, her complaint listed five separate cause of action. Two of the claims were base on the New York Consumer Fraud Statute, New York Business Law section 349 and 350. Section 349 prohibits deceptive acts and practices and section...
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...Business Law Assignment Business Law Assignment Aalene Williams Business Studies Aalene Williams Business Studies Table of Contents: Case……………………………………………………………………………………Pg2 Issue 1………………………………………………………………………………….Pg3 Issue 2………………………………………………………………………………….Pg5 Issue 3………………………………………………………………………………….Pg7 Issue 4………………………………………………………………………………….Pg9 Issue 5……………………………………………………………………………...….Pg11 Issue 6…………………………………………………………………………………Pg13 Issue 7…………………………………………………………………………………Pg15 Conclusion…………………………………………………………………………….Pg17 CASE: On Wednesday, Tom a vintage car dealer placed an advertisement in a weekly Moto Sports Magazine offering to sell a trump T86 for $10,000 Cheque accepted. Chris saw the Advertisement on Thursday and immediately posted a letter to tom saying he would be willing to pay $8,000 cash and give his office fax number. On Friday morning tom replied by fax ‘Cheque preferred for advertised amount. Yours for that unless I hear from you on the contrary.’ On receipt of the fax Chris posted a Cheque for $10,000. However at 6:45pm on Friday evening, Tom decided not to sell the car to Chris and sent a fax to him to his office to tell him so. The office had closed for the weekend when the fax arrived. Chris did not see it until earlier Monday morning. Chris’s letter arrived at tom’s address on Saturday but was not opened by him until late Monday morning. On Saturday tom sold the car for $8,000 in cash. Chris now claims that tom is in breach of contract...
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... iii. John F. Kennedy b. The act prohibits II. Why the law was created c. Fair treatment III. Who the law benefits d. e. IV. Who the law affects f. g. V. Improvement h. Women i. People with disabilities j. lack of accountability k. negative attitudes VI. Case Studies l. McDonnell Douglas Corp vs. Percy Green m. Four factors n. Morton v Mancari History of the Law There were several different titles passed by different Presidents leading up to the Employment act of 1972. They are as followed in order: * In June 1941, the day before World War II, President Franklin D. Roosevelt signed Executive Order 8802 prohibiting government contractors from engaging in employment discrimination based on race, color, or national origin. * In July 1948, President Harry S. Truman orders the desegregation of the Armed Forces by Executive Order 9981. * In March 1961, President John F. Kennedy signs Executive Order 10925 prohibiting federal government contractors from discriminating because of race and establishing the President's Committee on Equal Employment Opportunity. * In June 1963, Congress passes the Equal Pay Act of 1963 (EPA) protecting men and women who perform equal work in the same establishment from sex-based wage discrimination. (Unfortunately, many different studies show that men still typically get paid higher than women in some establishments...
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...personal injury claim, in which case you might be able to hire a lawyer on a contingency-fee basis, you cannot afford the thirty to forty thousand dollars that it could easily cost in legal fees to take your case to court. Once the middle class finally figure out that it has lost almost all access to our justice system, is will stop supporting that justice system and our government. How do we make legal services, and the right to a court trial affordable for the middle class, and restore the middle class’s access to our legal system, before it is too late to save entire system? Most Americans would say trials are essential for American society because it has a functional role in keeping the society stable, and if the trial system were to collapse, the society would be full of crime. However, there is a question whether a trial is really for every citizen or just for the rich in America. I’ll show first how expensive to sue someone or a company, and then, suggest that the American government should make the cost to sue much lower, and, at the same time, the American law system should quit the pay-per-success model. The process of taking a case through the civil court system costs us a lot. The breakdown of the costs is below according to AllLaw.com. First, you have to pay legal fees that come along with taking a case to court and fighting it out: the cost of attorneys. The second cost is expert witness fees. Experts don’t come cheap, and some injury cases can involve multiple experts...
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...Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2010 Employment Discrimination in the Ethnically Diverse Workplace Tanya Kateri Hernandez Fordham University School of Law, THERNANDEZ@law.fordham.edu Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Tanya Kateri Hernandez, Employment Discrimination in the Ethnically Diverse Workplace , 49 Judges' J. 33 (2010) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/14 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu. .. . .......... By Tanya Kateri Hernandez a1cial integrto has long been the touchstone of racial progress in the 0 workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do nor necessarily becomie less racially discriminatory. Diverse workplaces may be characterized by antagonism between people ofdifferent races. Interethnic discrimination may exist along side the discrimination that has traditionally occurred between blacks...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan Law 531 Charles Cook January 24, 2011 Recognizing and Minimizing Tort and Regulatory Risk Plan For organizations to avoid detrimental situations that can create excessive loss for the business, it is imperative for them to Recognize and minimize the risks associated with torts. According to Henery Cheeseman, 2010, “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society”(Cheeseman, 2010). Developing a clear plan that reduces and eliminates any fines, penalties and tort liabilities will help the success of a business. Cheeseman (2010) states “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society” (Cheeseman. 2010). Plan elements Knowing the four elements of defending against negligence is fundamental to developing a preventative plan against negative effects of a tort. With foresight, a business can plan against the occurrence by superseding or intervening the event. Having knowledgeable team members who can determine whether or not the company is actually responsible for an event is essential. Assuming the risk of potential negligence can help to diminish the possibility of tort. Keeping a business team aware of what risks are possible and can help to avoid situations where a company knowingly enters into risky practices will keep businesses safe from liability. Finally, both contributory...
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...Causation and Remoteness and the role played by them in tort law. They are two closely linked topics and are, more often than not, contingent upon each other. Through this paper, I have tried to discern the line of distinction between the two while explaining how and why they have become topics for contention among legal scholars. The focus of this paper has been on understanding the concepts and the importance they hold in the process of identifying a tortfeasor. The various tests which have been used in the past for identifying the cause and the ‘closeness’ of the cause have also been taken up. They have been discussed in detail using various case laws. The limitations of these tests have been explored as well. Under what condition does a cause, which may have been proximate, gets ignored has also been deliberated and discussed. Finally the paper is summed up with a general solution which can help law courts to decide on the matters in question without getting involved in the technicalities which currently persist. CHAPTER 1 INTRODUCTION 1.1 INTRODUCTION In order to understand the role of causation and remoteness in tortious liability it is imperative that we have a clear idea of what the term causation and remoteness imply in tort law. Very simply put - In a tort case, it is essential to discover whether there was some act or omission by the defendant which caused damage to the plaintiff. Thus causation aims at connecting an act committed by an individual...
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