the liability for loss, personal injury or damage to property caused by wrongful acts, whether intentional or accidental. The most common form of delict is negligence – a harm caused unintentionally by carelessness act. It is a failure in taking a reasonable care that should be exercised by a reasonably prudent person. In order the negligence claim to become successful certain criterions must be met. Firstly, it must be showed that the defendant has owed a duty of care to the victim. Duty of care
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not prevail due to its negligence per se. Therefore, Mrs. Downey should file a claim, considering that she did not contribute in any way to be injured. Moreover, one can assume that she was badly injured considering that she was hospitalized for three days. However, to be completely fair, the innkeeper should argue that the Mooney twins ‘parents also failed to closely supervise their children and that as a consequence they should share liability under the Comparative Negligence Clause. Even though the
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corporate negligence, it is the hospital that owes a legal duty directly to the patient. (Showalter, 2007, p. 136) The premise of this law states that hospital is responsible for providing a staffed facility, the equipment and safe environment needed to provide care for its patients. If violation to this law is the cause of injury, liability can be considered in regard to standard of care. (Showalter, 2007, p. 138) The second legal question is whether the hospital is Negligent. Negligence is defined
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Introduction The tort of negligence has long attracted widespread interest. It fortifies community expectations and standards and hence ‘it is especially prone to influence by moral, social, economic and political values’. Of particular interest is the recognition of liability for negligently caused mental harm. Throughout its history courts have been cautious in awarding damages in fear of opening the ‘floodgates of litigation’. To assess whether further limitations should be placed on the scope
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ABSTRACT This research paper tries to expound the conundrums of 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
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causation is said to be fraught with difficulties. How has the law developed to overcome these difficulties? INTRODUCTION Negligence in the law of tort is the failure to exercise the care that a reasonably straight person would exercise in such like circumstances. In tort law, this area of negligence involves harm caused by carelessness and not by intention. The tort of negligence structures a standout amongst the most element and quickly changing zones of obligation in the present day law. Its rise
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Alumina Inc. was in violation of environmental discharge due to a failed PAH concentration test that was above the prescribed limit (University of Phoenix, 2011). Kelly Bates has a daughter who is suffering from leukemia and is trying to establish negligence on Alumina Inc. and their violation from five years earlier. There are four torts that Alumina Inc. could be in violation with and they are intentional tort, unintentional tort, product liability and strict liability. Alumina Inc. will review
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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
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Before You Sue The Accountants Daniel J. Hurson Even if it looks like a strong case, be careful—there are some surprising defenses. IN THE WAKE OF the corporate accounting scandals that have dominated the business news for the last few years, as well as recurring announcements of large settlements in class action suits against major accounting firms, the prospect of a malpractice case against an accounting firm would at first glance seem attractive. Juries are presumably more predisposed to
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THIRD DIVISION [G.R. No. 143360. September 5, 2002.] EQUITABLE LEASING CORPORATION, petitioner, vs. LUCITA SUYOM, MARISSA ENANO, MYRNA TAMAYO and FELIX OLEDAN, respondents. Santos Pilapil & Associates for petitioner. Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor
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