...PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the duty, based on the applicable standard of care that he/she is owed; three is that tortfeasor action or inaction is the proximate cause of the injured party's injury; four is the injured party has in fact suffered some type of injury (physical, mental, monetary). In the scenario case of the Rob Jr. v Church of the Divine Light, there are many causes where the family can be compensated for damages of intentional. Some of the causes that Rob Jr. can take against the Church of the Divine Light are mental stress because Rob Jr. was brained washed by the Church of the Divine Light and took several weeks for him to recover his sanity, false imprisonment because the Church of the Divine Light tricked Rob Jr. believing he would go to hell if he left the church, and that that was his new family and that his family did not care for him any longer, intentional infliction of mental distress, and emotional stress because of the recovery of being brainwashed, and to understand that his true family...
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...Learning Outcomes This week students will: 1. Examine the elements of negligence and tort liability. 2. Compare appropriate punishment for corporations that commit crimes with appropriate punishment for persons who commit crimes that harm businesses. 3. Apply consumer protection law to a business situation. Introduction This week focuses on study of torts, criminal law, and consumer protection law (specifically, product liability). These are each different substantive areas of law that are relevant to business and business persons. Students will distinguish between criminal law and torts, including negligence and intentional torts. Students will also compare the differences between corporations that commit crimes and persons who commit crimes that harm businesses, and they will take a position regarding which presents the greatest threat to civil society, using current events to support their positions. In addition, students will also consider product liability arising from poorly regulated imports, and the impact of potential liability on U.S. companies. Students will also consider product recalls as a preemptory measure to mitigation liability. Students will identify and discuss the elements of negligence and a consumer protection statute. By the end of Week Two, students should understand the difference between crimes and torts, between negligence and intentional torts, and how the issue of product liability impacts businesses and consumers. Required Resources ...
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...employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different aspects of the damages or injuries caused. Types of Liabilities and Lawsuits There are three different types of tort laws that private officers and employers must understand effectively to mitigate as much potential liability as possible. Negligence is the most common type of tort, and consists of accidental or...
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...HSA515 February/1/2011 Healthcare Policy Law and ethics Abstract The Snow Storm Lawsuit is a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make...
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...care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals. Tort Law Defined Tort Law can be defined as the civil wrongdoing against a person. Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf ). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort claim filed towards...
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...Private Nuisance in Tort Law The imprecise boundaries of what exactly constitutes private nuisance makes the task of providing an exhaustive definition of the tort almost impossible. The presently accepted definition of private nuisance that speaks only of substantial interference and unreasonableness is simplistic and inadequate. But through this assignment I would like to bring a focused analysis of the tort of private nuisance, following from some landmark decisions and other authorities intends to clarify what kind of situations make for a valid standing of private nuisance in court. Requirements of a valid claim for Private nuisance: Private nuisance, broadly, takes three forms, namely; encroachment on the land of the neighbour, direct physical injury to the land and interference with the enjoyment of the land by the neighbour. Collectively, the situations encompassed by the three aforementioned faults are almost infinite. It may vary from the inconvenience caused by unpleasant noise of automobile and smell of cattle to the damage caused to structures by vibrations. But this does not mean that every slight and trivial annoyance is enforceable under the tort of private nuisance. In order for a fault to qualify as private nuisance, it must primarily interfere with the use or enjoyment of one’s land and must be unreasonable in its effect on the plaintiff. Other secondary requirements of private nuisance, like the quality of recurrence et al are subsequently discussed in...
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...NEGLIGENCE Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges particularly ideas about the civil responsibilities of a person to his or her neighbors in society and about the manner in which society should respond to injuries and injured people. An independent identity for Torts late in the nineteenth century is the affection of tort doctrines, especially negligence, to the problems produced by industrialization. Industrialization has played a part in creating the climate of intellectual legal opinion and it affected torts as an independent category of law. Some certain lawyer-intellectuals in the development of legal doctrine in America, who were academicians after 1870, significantly affected the content of tort rules and doctrines and also affected the changing state of tort law in America. There are many categories of Torts. It divided three...
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...Business Torts and Ethics With the actions of businesses being more prominent in the eyes of the public more than ever before, it is crucial that businesses remain credible. Remaining credible requires businesses to uphold four of the major types of corporate responsibility- economic, ethical, philanthropic, and legal (Scilly, 2016). In order to simply survive as a business, a company’s legal duties must remain their top priority. With such a large variety of possible violations, companies are left with a plethora of reasons to take precaution to avoid civil and criminal liability. Companies can do so by complying with the law (Pagnattaro, Cahoy, Magid, Reed, & Sheed, 2016, p. 7). This week in Contemporary Business Law, the class was given a scenario regarding a property management business dealing with a legal issue. This paper will describe the scenario, define the company’s legal obligations, differentiate among some of the potential torts that might arise from this business context, discuss ways to prevent the risk of the potential torts, lastly apply and evaluate the ethical principles and responsibilities of the business. The Scenario “Springfield Arms Apartments is a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and...
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...[edit] Categories Torts may be categorized in several ways: one such way is to divide them into Negligence, Intentional Torts, and Quasi-Torts. The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker's negligence and so forth. Product liability cases, such as those involving warranties, may also be considered negligence actions, but there is frequently a significant overlay of additional lawful content. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for entrances by a person (or his structure, such as an overhanging building) on their land. Several intentional torts do not involve land. Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander), where false information is broadcast and damages the plaintiff's reputation. In some cases, the development of tort law has spurred lawmakers...
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...Negligent Tort Linda Rapp Bus 670 Dr. Jennifer Stevens Febuary10, 2014 Ashford University Negligent Tort Understanding the Negligent Tort concerning product subject to recall from the Consumer Product Safety Division the product involved was three styles of Sugarfly-branded hooded woven and cotton styles jackets. The jackets were manufactured by Burlington Coat Factory stores nationwide. Style number KMCB1255,KMCBJ410,KMCBJ421 are the products being recalled the hooded jacket should be taken away from children to avoid hazard. The coat coat sizes are for girls age 7 through 16 the date of the recall is from September 2011 through September 2013. The consumer will receive complete product refund around $ 40.00. The Burlington Coat Factory negligent actions in selling the product in question in product liability with the laws that protect consumers the Safety Improvement Act in 2008 (Seaquist,2012) The answer is if the Burlington Coat Factory had not recalled the product and caused harm to consumers they would have been liable for negligence actions. The Discusses the following in relation to the product recall:: Duty of Care Standard of Care Breach of the Duty of Care Actual Causation Proximate Causation Actual Injury Defenses to Negligence Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with the product recall that you have identified.Must addres Home / Regulations...
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...An Ethical Analysis of Negligence In this paper, the author will describe the main differences among negligence, gross negligence, and malpractice in the medical field. In addition, the author will explain his opinion about this article and the facts described in it as well as the rationale used to form this opinion. Furthermore, the author will describe the importance of documentation in the medical field as well as how nurses should document when providing care while complying with legal and ethical requirements. Unintentional torts are the most common torts in the medical field. Torts are acts occurred without the tortfeasor intention to cause harm; however, some type of harm results from it. Torts are also actions committed unreasonably or disregarding the consequences, in legal terms this represents negligence (Judson & Harrison, 2010). According to Judson and Harrison (2010), negligence is an unintentional tort and a person is negligent when in similar circumstances he or she did not performed as expected from a reasonable person (Judson & Harrison, 2010). Defining gross negligence is a more complicated issue. According to Thornton (2006) the Texas Civil Practice and Remedies Code defines gross negligence as an act of omission that when viewed from the position of the actor at the time the omission occurred it shows a significant degree of risk and possible harm to others (Thornton, 2006). In addition, the actor is aware of the risks but proceeds disregarding the rights...
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...School of Law, ChristUniversity LAW OF TORTS SCOPE AND EVOLUTION OF JOINT TORTFEASORS ANANTH KAMATH M 1416016 I BA.LLB ‘A’ Introduction Joint tortfeasors are two or more people who negligently act as a group to cause damages to another person. Joint tortfeasors are generally all responsible for the damages, meaning all individuals involved in the action are equally responsible to paying for the damages regardless if someone had more involvement than another individual. The joint tortfeasors will be held collectively responsible for their actions. Joint tortfeasor at common law Joint tortfeasor rule is embedded in New Hampshire jurisprudence. The rule is that if two or more persons engage in an unlawful act, all are jointly and severally liable for damages caused by one of them and there is no apportionment of damages are allowed among the defendants New Hampshire law imposes joint tortfeasor if defendants act in concert by entering into a civil conspiracy or abetting on another in commission of an unlawful act. The elements are: * There should be two or more persons * An object should be accomplished * There should be an course of action * There should be one or more overt acts Aims and Objectives of the paper – To disclose and further explore the field or areaof joint tortfeasor and identify and study in detail the basic elements which are mandatory and essential. This paper also intends on drawing a hypothesis...
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...great consequences. This paper will discuss the significance of product liability and the role retailers play. The product that will be discussed in this paper is the Lion Force boys Puffer coat. The Puffer Coat, was recalled February 4, 2014, the recall number is 14-100. The Puffer Coat was recalled due to hazardous strangulation of children. The Puffer Coat was made in China, and as with many other products, is imported into the United States. “They typical product liability case involves a defective product purchased by the plaintiff who was subsequently injured by the product” (Kluwer, 2007). The goal of the United States Consumer Safety Commission is to guard the public from irrational possibility to injuries connected with consumer products. The U.S. Consumer Safety Commission’s function is to observe corrective plans that are known as recalls. There are more than 300 recalls each year from different manufacturers and distributors. Some of the recalls that are made are done because the Consumer Safety Commission determines that a product is faulty. In some cases retailers recall their own products that elevates the added stress from the Consumer Safety Commission (CBSC). CPSC works with distributors and retailers in order to create an agreeable plan that will comprise different announcements and warnings to vendors regarding product recall. Product liability has become a controversial concept in the legal realm. Liability falls under Tort...
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...Cindy Maldonado March 4, 2015 Grand Canyon University: EDA 555 Preempting Liability Preempting Liability Different liability issues are addressed in the campus of Del Castillo Elementary. The following would be some of the issues that will be covered in this paper: safety in school, intentional and unintentional torts, liability and negligence, supervisor duties, FERPA (Family Educational Rights and Privacy Act), and student record confidentiality. School safety is and should always be a key component of their campus. As mentioned by Gay (2014), “Representatives from each school safety stakeholder group must gather to discuss, assess, plan and evaluate the safety of the school community.” (pg. 22). Who are these stakeholders? It includes everyone from parents, teachers, counselors, custodians, paraprofessionals, administrators, and even the cafeteria staff. Throughout the year Del Castillo Elementary practices various emergency procedures to assert them safety of our students. With practicing these emergency procedures we get to see firsthand if the students and staff knows what to do in case a real life emergency occurs. We currently practice fire drills, soft lockdown, hard lockdown, and shelter in place. Teachers are also aware that their classroom doors must be locked once instructional time starts and it must remained locked until the last student exits the classroom. During a fire drill each teacher is assigned to a certain area they must walk their students...
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...negligence in business situations Assignment 4 – Scenario As a business law student provide a detailed article on the following to present to your lecturer, showing a clear understanding of the topics: Task 1 4.1 Apply the elements of the tort of negligence and defences in different business situations [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios; General defences: volenti non fit injuria; statutory authority; necessity; Act of God; special defences against specific torts; contributory negligence; Remedies: compensatory and non-compensatory] 4.2 Apply the elements of vicarious liability in given business [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies] (This provides evidence for outcome LO4 – assessment criteria 4.1, 4.2) _ Assignment Unit 5 – Assignment 4 – HN Specification in Business Assignment 4: HN Business Unit 5: – Aspects of Contracts and Negligence for Business Outcome(s)/criteria: Indicative Characteristics Possible evidence Pass: Be able to apply principles of liability in negligence in business situations Handout and notes along with photocopy of law books. [Please respect copyrights and trademarks and not more than one...
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