Tort

They buckled me in the go kart, One of my fears were go karts I was always afraid that they would flip over when you turned on the track.And I hated when people would crash into you on purpose.But this was the time… I was with friends and they asked me “Do you want to go on the go karts with us?” I couldn’t tell them that I was afraid to , because that would just be embarrassing.Why would I do that?I had no choice but to overcome my fear.So we waited in the long line.And it looked like I…

Most people associate the Liebeck v. McDonald’s case, better known as “the hot coffee lawsuit,” with the very worst of our justice system, frivolous actions brought by greedy plaintiffs with the hopes of winning the lawsuit lottery. However, it’s one thing to hear and another thing to see. Everybody knows, or they think they know the McDonald’s case. Although, the documentary “Hot Coffee” shows how people had wrong perceptions. Just merely hearing the sentence that a lady sued McDonald’s for 2.9…

In a typical court, determinations of criminal liability require a voluntary act and intent to commit a criminal act. Legal theory refers to this as Actus Rea and Mens Rea, and liability as the state of being responsible for something. The legal requirement rests on Mens Rea to determine culpability and the actor’s mental state. A general example of this in criminal law is how liability or no liability in a murder case rests on the actor causing the death intentionally. The goal of this paper is…

If a person claims into the unlimited liability system to implement the "tort liability of shareholders according to the proportion allocation principle", that is when the company 's assets is not enough to satisfy the creditors request, to safeguard the security of transactions, the creditor shall have the right in accordance…

Week 5 - You Decide Factual Summary Coleman is an employee for Software INC, which requires him to spend the majority of his time traveling to meet customers with the objective to sell security equipment to businesses and bars. While on a sales trip in March of 2008 in Smalltown, Colorado, Coleman decided to steal a ring for his wife as an anniversary gift. Afterwards, Coleman met John, his client, at Jimmy’s Poor-Man’s Bar. While in Jimmy’s Poor-Man’s Bar. While in Jimmy’s, Coleman…

First Aid for Skateboarding Accidents Skateboarding can cause accidents to happen which leads to scratches, bumps, cuts, bruises, broken bones and other minor and major injuries. Whether you’re a novice, an intermediate or a professional skater, you are no exception to the rule. No one can predict when an accident can occur. However, what you can do is to avoid it from happening by taking protective and preventive measures. You should also be prepared in case a mishap occurs directly to you…

Question 7 – Across more than one Learning Outcome (30 marks)- 1500 (a) identify, with justification, one significant employers’ liability risk facing the sports centre. (3)-150 Employee Slips & Trips in Restaurant - As the risk manager I would consider the risk of slips and trips of employees working within the premises, particularly the restaurant. Slips and trips are a big problem in catering areas, employees “working in kitchen and food service environments are more likely to be injured…

Imagine losing a loved one, or even your own life, due to medical negligence? “Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error”. (Orthopedic Expert Witness , 2015) Unfortunately, it happens very often. I found a story about a patient that died after being administered…

1. Explain the complexities of proximate cause. - The complexity of proximate cause is determined when the question to how the crime was committed arises. According to Schmalleger F & Hall D (p. 74, 2017),” The complexity of causation can be seen in the 2014 case Paroline v. United States. In this case, the Supreme Court had to determine how to measure the harm which was proximately caused by the possession of child pornography. The statute in question required that restitution be paid by…

A breach is established where the D has failed in their duty to care for another, therefore, causing the C’s harm. Shakir may be liable for medical malpractice if his breach of a statutory duty to diagnose properly caused BD. To determine whether he has breached his duty as a doctor, the court will ask several questions that must collectively, not singularly, satisfy the court. In medical malpractice cases, a breach occurs when the D fails to take reasonable care that a medical professional in…