...Legal Cases to help define Piggly Wiggly June 18, 2012 Legal Cases to help define Piggly Wiggly Part I: When looking at the case of Blue v. Environmental Engineering, Inc., 828 N.E.2d 1128 (Ill. 2005) we are talking about a products liability case that went all the way to the Illinoi’s Supreme Court. On the way to the supreme court the case was looked at in several different lights of the law like Negligence of a defective design, strict liability, fore seeable harm, failure to warn, repose beyond limitations, and comparative negligence to just name a few. In this case the plaintiff Glen Blue, injured himself while working on a heavy-duty trash compactor, stuck his foot into the compactor to free up the caught box, in turn got caught, pulled into the compactor as the ram took hold of the box. The ram subsequently hit Blue “three times, breaking his pelvis, leg and foot. (Twerski, A. D., 2006). In the Blue case the expert witness stated in court that several safety features that were technologically available at the time the compactor was manufactured that would have averted plaintiff’s injury, and he opined that the compactor was negligently designed which would have made the product safer to use. However strict liability count was dismissed because the case was filed beyond the applicable limitations period and the statute of repose, and returned the verdict of the plaintiff being 32% Negligent. (Twerski, A. D., 2006). Thereafter the jury sided with the defendant...
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...Contents 1 Introduction 2 2 Describe the nature of general tortuous liability comparing and contrasting to contractual liability (3a) 3 3 Explain the liability applicable to an occupier of premise (3b) 5 4 Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications of his employees (3c) 7 5 Distinguish strict liability from general tortuous liability with reference to Prime Computers (3 d) 10 6 Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation (4 a, b) 11 7 Conclusion 15 8 Reference 16 Introduction As a legal executive in a firm of solicitors, some clients have approached and seeking advice on several claims and legal disputes, which have recently arisen to them. I am required to write a report for the following contents: 1. General tortuous liability in comparison to contractual liability. 2. Vicarious liability and health and safety issues. 3. Strict liability in comparison with general tortuous liability. 4. The various elements of the tort of negligence. Describe the nature of general tortuous liability comparing and contrasting to contractual liability (3a) A tort is a legal wrong, and the principle is the law gives various rights to person, such as right of a person in...
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...200 | Notes payable: short-term | 3,100 | 3,100 | 3,100 | Accrued payables | 300 | 300 | 300 | Long-term liabilities | 3,800 | 3,800 | 3,800 | a. Compute the current and quick ratios for each of the three companies. (Round calculations to two decimal places.) Which firm is the most liquid? Why? I would say that Thornton has the most liquid because they have a larger inventory and looks like they can move the inventory decently quick , just like the other companies. Edison: Current ratio = $12,800 / 3,600 = 3.56 Quick ration = ($6,000 + 3,000 + 2,000) / 3,600 = 3.06 Stagg: Current ratio = $13,300 / 3,600 = 3.69 Quick ratio = ($5,000 + 2,500 + 2,500) / 3,600 = 2.78 Thornton: Current ratio = $13,800 / 3,600 = 3.83 Quick ratio = ($4,000 + 2,000 + 3,000) / 3,600 = 2.5 2. Computation and evaluation of activity ratios. The following data relate to Alaska Products, Inc: | | | | | | | 20X5 | 20X4 | Net credit sales | $832,000 | $760,000 | | Cost of goods sold | 530,000 | 400,000 | | Cash, Dec. 31 | 125,000 | 110,000 | | Average Accounts receivable | 205,000 | 156,000 | | Average Inventory | 70,000 | 50,000 | | Accounts payable, Dec. 31 | 115,000 | 108,000 | | Instructions a. Compute the accounts receivable and inventory turnover ratios for 20X5. Alaska rounds all calculations to two decimal places. | | | | | | | | | | 3....
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...Assets Assets are here to increase the value of First Place Childcare and benefit the childcare operation. There are different ways to generate cash flow, regardless of whether the business manufacturing equipment or not. The assets which are known as tangible items for First Place Child Care, which are resources, including cash accounts, receivable, equipment and goods. Liabilities The performance of my business will monitor my liabilities, which are responsibilities due to creditors, such as loans and accounts payable. The responsibilities which fall due within the next year, usually listed first, followed by all of my long-term liabilities. First Place Childcare accounts payable and payroll taxes payable, usually listed before other payables. According to Dr., Donald Schunk, prepared an article entitled, “The Economic Impacts of the Child Care Industry in South Carolina,” Commissioned by Richland County First Steps Partnership and Early Education Council the child industry in South Carolina has an estimated 787.2 million impact on the state’s economy. It helped the deferred revenue of the business and other liabilities are often further down on the list. Most liabilities often initiate with the number "2." Net Assets (or Fund Balances) First Place Childcare net assets referred to as the fund balance, which reproduce the financial worth of the business. It represents the balance remaining after obligations subtracted from business assets. My business will receive gifts...
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...The Effect of Product Liability on Engineers Sam Heithoff Mechanical Systems Design 8-27-12 The objective of this paper is to show that while general law processes in America are wasteful and hinder people and companies, product liability is beneficial to engineers. Since the inception and revolution of product liability law, the engineering process has been affected. Through specific examples and firsthand accounts, it will be established that the relationship between product safety mandates and standard engineering practices is symbiotic. America is a sue-happy country. A sentiment uttered by many patriots and internationals alike, there are even organizations formed purely to stand against the American litigious nature. Although whether it is culture or simply the 1.2 million lawyers eager to prove themselves in court remains to be seen. While lawsuit abuse has harmed innumerous people worldwide, practical legal pursuits improve the security of general life in society. From an engineering standpoint, product liability suits fall under the latter category. While some companies state that product liability hinders innovation by funneling company resources away from engineers and other productive ventures, most cases show that product liability does not inhibit creativity [1]. Certainly there are frivolous suits in the realm of product liability just like any other aspect of the legal system, but engineers are protected from potentially ridiculous claims. With legal...
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...|[pic] | |Higher National Diploma in Business | |Assignment Front Cover Sheet | |Unit Title: |Tutor’s Name: | |Aspects of Contract and |D.K Hashani shashiprabha | |Negligence for Business | | |Assignment Title & Number: |Learning Outcomes Covered: |Assessment Criteria Covered: | | |Outcome1: | | | |Understand the essential |See the following “Notes to | | |elements of a valid contract |Students” the assessment | | |in a business context |criteria...
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...economic gains and therefore, pressure is mounted in an organization to increase profitability each year. This is attributed by the work force which is put under intense stress for the organization to grow economically. It ranges from unreasonably high productivity standards and hazardous working environment that make worker to become vulnerable to risk to t heir mental and physical health. The ultimate outcome is unhealthy workforce that is relatively less productive than the relaxed and contented workforce. The business entrepreneurs and the workers alike are faced with the problem of continuous work related stress and thus the policies and decisions are hence regulated by the law. To this end, the common law duty of care is a provision that was designed to hold employers liable for psychiatric related illness that employees suffer and more specifically illness arising because employees are made to work under stressful conditions. This paper is aimed to critically evaluate the common law duty of care and its effectiveness with respect to psychiatric related illness as a result of working under stressful condition. The establishment of the common law of duty towards workers has enhanced employers to provide good working conditions to lower psychiatric related illness due to workers stress. The claims in the psychiatric injury bin the work place context have not been restricted to involvement of the plaintiff being injured or witnessed the death injury of another. These claims...
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...and Vicarious Liability Problem Question (P3.1, P3.2, P3.3, P4.1, P4.2 and M3) Task description: Imagine that you are an In-House Lawyer (IHL) working for QuickFix. The Managing Director (MD) has asked you for written advice on whether the company has any liability in tort law towards Barbara and Clive. With this in mind please produce a report for the MD, which sets out the law relating to negligence and vicarious liability and how it applies to this scenario. Your report should be no longer than 3,000 words. 1 Differences Between Liability in Tort and Contractual Liability Contractual liability concentrates on what is in a contract and the obligations between the two or more parties of the contract. Both parties in contractual liability contracts are controlled by it and the terms stated in the contract cannot be broken. The terms of a contract must be fulfilled by both of the parties; otherwise consequences will follow if one party breaks the terms. Contractual liability contains conducting agreement and liability between businessperson and merchant. Tort law is used in situations where a person has done harm to another person. Liability varies significantly in tort law and contractual law in terms of issues of content. Contractual liability is based on agreement but tort law’s liability is not based on agreement. Also the way court provides compensations and how it deals with these two reflects on the difference between them. Contractual liability therefore concentrates...
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...is the place to go in the greater Sacramento/ Capital area where the well known, rich and petrified can go to get a friendly yet terrifying faces to help secure them. This company is an upscale security company for the neurotic who might be in need of some securing. Our goal is to create an atmosphere that is a safe and sound environment for you, your family, your residence and or place of work. We will provide state of the art private residential, building or personal security, with up to date security devices as well as being able to grant you with uniformed and plain clothes officers. "Call On Us To Be Safe." 1.1 Current Situation We offer mid to high level security services. Along with our new age ideas we combine old school techniques. Our attitude is in your face without being over invasive. Our officers have been trained with the best defensive tactics and can deal with high stress situations. 1.2 Keys to Success Guarantee a safe environment. Maintaining an atmosphere tha... ... middle of paper ... ...$850,000 Other Current Liabilities 0 Total Current Liabilities $635,000 Start Up Assets Needed Long Term Liabilities Cash Balance on Starting Date $35,000 Long Term Liabilities 0 Start-up Inventory 10000 Other Long Term Liabilities $0 Total Current Assets $45,000 Total Long Term Liabilities $0 Total Requirements $805,000 Loss at Start Up ($850,000) Total Capital 45000 Total Capital and Liabilities $680,000...
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...| |Unit 7: Aspect of Contract and Negligence | |UNIT TITLE & CODE | | | | |STUDENT ID |CT/HNDBM/50 | |STUDENT NAME | | | | |ASSESSOR |Mr. Seevali Amithirigala | | |1 of 1 |WORD COUNT | | |ASSIGNMENT | | | | |ASSIGNMENT HANDOUT DATE |21/11/2014 |ASSIGNMENT SUBMISSION DATE | | |ASSIGNMENT REVIEW DATEs | | |ASSIGNMENT RESUBMISSION DATE |09.01.2015 | |FINAL GRADE |ORIGINAL SUBMISSION | |RESUBMISSION | | ASSESSMENT CRITERIA TO BE ASSESSED IN THIS...
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...carry a concealed weapon to their workplace because this would cause more danger than it would protection in the workplace. Besides the dangers it will cause, on the civilian side there are also liability issues that have arisen concerning employee rights and workplace safety. There are laws passed at both the state and federal levels that allow United States citizens to carry concealed weapons as long as they retain a permit to do so. However, many businesses do not allow their employees to carry weapons on their persons, in their vehicles, or in their offices. The purpose of this paper is to state why citizens should not be allowed to carry concealed weapons in their workplace, the regulations that allow both employees to obtain weapons at work and the laws that refrain them from doing so. A common issue with concealed carry permit holders is deciding whether or not you can/should carry your gun at work. One’s place of employment is typically one of the top 3 places where you spend your time. There are also many issues that can affect other people’s decisions to turn violent (money issues can lead to desperation or anger in some people and situations). While the issue is extremely complex, you can usually boil the issue down to three factors. Does the law allow you to carry at work? The law usually leaves that decision up to the employer. However, the law will vary from state to state on the amount of freedom left to the employer and how strict the punishment will be for failure...
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...COMPARISON BETWEEN STRICT AND ABSOLUTE LIABILITY THE CONCEPT OF STRICT LIABILITY There are many activities which are so dangerous that they constitute constant danger to person and property to others. The law may deal with them in two ways. It may prohibit them altogether. It may allow them to be carried on for the sake of social utility but only in accordance with statutory provisions laying down safety measures and providing for sanctions for non-compliance through the doctrine of strict liability. The undertakers of the activities have to compensate for the damage caused irrespective of any carelessness on their part. The basis of liability is the foreseeable risk inherent in the very nature of the activities. In this aspect, the principle of strict liability resembles negligence which is also based on foreseeable harm. But the difference lies in that the concept of negligence comprehends that the foreseeable harm could be avoided by taking reasonable precautions and so if the defendant did all that which could be done for avoiding the harm, he cannot be held liable except possibly in those cases where he should have closed down the undertaking. Such a consideration is not relevant in cases of strict liability where the defendant is held liable irrespective of whether he could have avoided the particular harm by taking precautions. The rationale behind strict liability is that the activities coming within its fold are those entailing extraordinary risk to others, either in...
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...The Strict Liability Theory Introduction Strict Liability in simplistic terms can imply an individual or company being liable for their deeds, conducts and outcomes that result in damages to others. A personal complaint of injury for a strict liability case is not as a consequence of a foreplanned action or careless deed (Boatright, 2012). The respondent's action should have triggered strict liability and that the complainant suffered harm. In fact, one cannot understand what strict liability in the criminal law means, in the same token understand why it is considered unorthodox and morally dyslogistic. The respondent's responsibility and blameworthiness, or mental fault should be evaluated and, more particularly, the usual relevance of a respondent's mistakes in determining this error. Furthermore, strict liability is a form of responsibility that may occur in either a criminal or a civil context. Equally important to note, strict liability causes an individual to legally answerable for the loss and damage that his or her actions caused because of his or her deeds of omissions irrespective of incrimination. For strict liability to be induced and used in a lawsuit, proving fault or negligence is not the main desire but rather showing the danger to the complainant (Martin, 2014). Strict liability flows not from carelessness, but from the v option to conduct the activity at all. Strict liability does not base on a fault in the time-honored sense of the term, but on the policy...
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...Products Liability Research Paper Tonya Bailey Strayer University LEG 500---Law, Ethics, and Corporate Governance Professor Lynn Macbeth June 2, 2012 Products Liability Introduction As consumers, we purchase products that we feel are beneficial to us in some way or another. The products that we decide and choose to purchase are solely up to the individual. If there is a problem or accident that may occur a result with use of that product, then the consumer is liable. But producers and manufacturers are not exempt being that it is there product, and this is where legal liability issues occur. “Product liability refers to the responsibility of manufacturers for injuries and damages caused by their products” (Hellriegel & Slocum, 2011, pg. 52). In this paper, I will examine the Toyota Motor Company and how this company has been the subject of a product liability lawsuit. First, I describe the company and the product safety issue that led to the lawsuit. Next, I will discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why I agree with the decision in the case. Then, it will be relevant to mention the changes that have taken place in the company to ensure greater safety of this product or its products, including specific policies that the company has put in place to protect consumers and end users who purchase and use its product. Afterwards, I will discuss the regulatory agency that oversees the particular...
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...loss of promotion due to the defendant’s actions of placing a risqué picture on the plaintiff’s background on his computer desktop at work. The plaintiff’s supervisor whom is in charge of making the decisions for promotions is assumed by the plaintiff to have changed his mind due to discovery of this image on the computer. Throughout the course of the discussion, information regarding the plaintiff’s relationship with the defendant becomes clearer. The plaintiff and the defendant do have prior history engaging in conversations and physical behavior that could be a violation of the other’s personal space. The only reason the case has been brought to lawsuit was due to the potential damages that have occurred as a result of the defendants most recent actions. Had this situation never occurred it is assumed that the behavior would be continuing. The plaintiff had never discussed with work place officials or the defendant that the behavior between the two was inappropriate and should stop. According to (The Advocates, 2016) “Some countries have criminalized sexual harassment in the workplace or have legislation that is considered to apply to workplace harassment”. The plaintiff has sought reprieve from the potential damages in the loss of the promotion, however due to the lack of the plaintiff’s own responsibility to end the behavior in the work place by either speaking to supervisors or directly to the defendant, the defendant didn’t know the behavior was not welcomed. The judge’s...
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