Lighters: Child’s play or liability? According to the U.S. Fire Administration, over 35,000 fires are set by children each year and 8,000 of those fires are set in homes (“Curious Kids”, 2006). Fires can be very attractive and many children are fascinated by it. Oftentimes children are exposed to some type of fire, from a lit candle on a birthday cake to campfires and fireplaces, or even fireworks. Many children become curious of this phenomenon and almost always, they will attempt to start a
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for its actions or, in some cases, inactions, and for which the courts will award pecuniary damages as a form of redress. Negligence is the failure to exercise the required amount of care to prevent injury to others. For example, if you cause an accident that injures someone or damages their vehicle because you were driving at an unsafe speed, then you could be sued for negligence. In some cases, the law imposes absolute liability (aka strict liability) on specific parties without regard to fault,
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Logan County, West Virginia is home to a small area called the Buffalo Creek Hallow. Numerous towns sprang up over years in this coal rich creek since the boom of the mining industry. The year 1970 saw the most prosperous year for coal, the increased demand attracted new mining companies to set up shop at Buffalo Creek however a flood during a cold winter morning in 1972 changed the lives of the residents forever. The coal mining history of Buffalo Creek can be traced back all the way to 1940s
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Chapter 7 CONTRACTS PERFORMANCES: CONDITIONS, BREACH, AND REMIDIES PG 160 NATURE AND EFFECTS OF CONDITION -What is condition CATEGORIES OF CONDITIONS -condition precedent or condition subsequent -concurrent conditions PG 161 GOOD FAITH PERFORMANCES AND DISCHARGE - Good faith - Discharge - Tendering goods - Perfect performance PG 162 SUBSTANTIAL PERFORMANCES -substantial performance PG 164 OTHER EVENTS OF DISCHARGE -mutual consent -Operation of law MUTUAL CONSENT -Recission
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http://0-www.lexisnexis.com.library.ggu.edu/lnacui2api/delivery/Print... 1 of 1 DOCUMENT MATTCO FORGE, INC., Plaintiff and Respondent; MATEO MINGUEZ, Plaintiff and Appellant, v. ARTHUR YOUNG & COMPANY et al., Defendants and Appellants. No. B087488. COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE 52 Cal. App. 4th 820; 60 Cal. Rptr. 2d 780; 1997 Cal. App. LEXIS 89; 97 Cal. Daily Op. Service 948; 97 Daily Journal DAR 1354 February 7, 1997, Decided SUBSEQUENT
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Aspects of Contract and Negligence for Business | Introduction The main purpose of the report is to recognize the aspects of Contract and Negligence for a Business. In these days, the business atmosphere is filled with agreements between industries and individuals. Whereas oral agreements may be used, maximum businesses use proper written contracts while engaging in actions. Written contracts deliver businesses and individuals with a lawful document affirming the prospects of both the parties
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themselves defending the care they provide to patients. “Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation.” (Fremgen, 2012). Since I work in a hospital and have the privilege of working closely with nurses on daily bases, I decided to discuss ways nurses can be held liable for negligence. Nursing malpractice occurs when a nurse fails to skillfully
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Introduction Employers are potentially liable at common (for personal negligence and vicarious liability for employee negligence) and statutory law. At statutory law, the legislative intention must be ascertained and whether this allows a civil course of action for damages. It must be established whether a relationship of employment exists between the claimant and respondent. This can be done by referring to the Employees Compensation Ordinance[1], or by using certain common law tests - put simply:
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cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist. Is AAA Auto Dealers liable for John’s negligence? ISSUE: Is AAA Auto Dealers vicariously liable for John’s negligence? RULE: Vicarious liability automatically imposes tort responsibility on a defendant because of his relationship with the wrongdoer. The most frequent example of vicarious liability is when employers are held
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recover damages without showing that the manufacturer was negligent or otherwise at fault without a contractual relationship. II. Theories of Recovery The primary theories on which a product liability claim can be brought are breach of warranty, negligence, and strict liability. A. Breach of Warranty In a warranty action, the question is whether the quality, characteristics, and safety of the product were consistent with the implied or express representations made by the seller.
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