...When one thinks of Christmas or winter holidays we think of snow, Santa Claus or Christmas trees with lights and decorations. We have heard of hundreds of stories that of how there have been issues with gifts malfunctioning or lights on houses catching fire and destroying complete homes. There are thousands of products that have malfunctioned or caused major damages because of the poor quality that they were made in or for unaware circumstances that the company producing the items were not aware of, even though they might have done hundreds, if not thousands, of practice test to make sure that the item was compliant with government standards and would not cause harm, damages, or injury to anyone because of the product or the malfunction of it. When products malfunction there are sometimes small injuries or damages to complete loss of life or substantial damage to a home or other establishment. The main issue that arises when it comes to this topic is that of possible lawsuits and the ability to be able to find out if it was negligence on the part of the producer of the item being sold. In order to prove negligence, a person must have had a duty of care, which means a responsibility to act in the nest interest of another (wiseGEEK, 2003). A company always has to be ready to be able to defend itself in all the possible issues that might arise and cause any form of lawsuit. The product that was recalled was the Balsam Hill Pre-lit Christmas Tree. It was recalled because of...
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...Negligent Tort Paper: Black Diamond Climbing Ascenders Recall The Consumer Product Safety Commission (CPSC) has been given the power to seek court injunctions against companies to keep unsafe products from being marketed and to urge companies to remove hazardous products (Pittle, 1976). To avoid negligent torts many companies will do recalls of bad products to remedy whatever the problem may be. Xia Liu, Yong & Ting (2016) states a product recall consists of a replacing or compensating consumers for defective products. Black Diamond Equipment Ltd is an importing and distribution company based out of Salt Lake City Utah. On May 19, 2016, the Black Diamond recalled Index Ascenders for climbing, including manufacturing codes from 4356 to 6015, because of a defect of the Index Ascender’s rivet holding the toothed cam releasing allowing the Ascender to slide on the rope or coming detached from the rope leading to possible injuries or death as a result of falling (U.S. Consumer Product Safety Commission). The recall was for both the right and left versions of the Black Diamond brand Index Ascenders, which are used as rope clamps for rock climbing and mountaineering to prevent falls. There were no reported injuries or deaths but there was a recall on the products urging consumers to stop use of the product and to return it for a free replacement. According to Seaquist (2012), in general most reasonably prudent people abide by laws put in place that impose a duty to not inflict foreseeable...
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...Running head: Negligent Tort Elements The Elements of a Negligent Tort Arthur R. Scott Legal Environment: BUS670 Instructor: Dr. Lisa Barrow 28 August 2011 The Elements of a Negligent Tort A Tort is defined in our text as “a civil wrong that is not a breach of contract” and that it “contemplates civil liability for those who commit torts”. [ (Mallor, Barnes, Bowers, & Langvardt, 2010) ] A tort can be thought of as an action that occurs when an entity, a company or an individual(s) wrongfully injures another (socially, financially, or bodily) and damages are awarded as a result of litigation. One classification of tort civil wrongfulness is that of Negligence. Negligence as defined by our authors is “a failure to use reasonable care, with harm to another party occurring as a result”. The texts further expounds by saying negligence is characterized “as conduct that falls below the level reasonably necessary to protect others against significant risks of harm.” (Mallor, et al 2010) This paper will briefly discuss the elements of a negligent tort, which if successfully proven, can create a ligitimate negligent tort claim. The first element of a negligent tort is Duty. Duty, as defined by David G. Owen is simply “the obligation of one person to the other”. (Owen, 2007) Duty can be further explained as an extension of the reasonable behavior or care an individual would have for themselves to another individual or group in the same or similar situation. This...
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...Introduction The law of torts can be traced back to English Common Law and has become and integral part of Anglo-American Law for hundreds of years .These laws have been modified many times since the late 1800's by state legislatures and these changes have given plaintiffs more chance of success when bringing forth their claims. Original tort law included coverage for injuries suffered while in the workplace but this since has been removed entirely from tort law and replaced with the state administered workers compensation systems. In order for a plaintiff to utilize the law of torts certain elements need to be present so that a reasonable measure of success can be ensured in the outcome. Elements of Negligent Tort Negligence is the omission to do something, which a reasonable man, guided upon those considerations which regulate the conduct of human affairs would do or doing something, which a prudent, and reasonable, man would not do’ The essential elements of negligent tort are 1) Duty of reasonable care, 2) Breach of duty of care, 3) Breach was actual, and proximate cause of injury .Tort is what is in the tort books but only thing holding it together is their binding’, hence to win a negligence case, plaintiff must prove each of three elements. Duty of reasonable care: According to Negligence law, normally members of society should behave in ways that avoid the creation of unreasonable risks of harms to others. The standard for assessing such conduct...
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...Recognizing and Minimizing Tort and Regulatory Risk In this essay I will explain how regulatory risks may be identified and managed through preventive, detective, and corrective measures for such torts as negligence, product liability and defamation. For most businesses such torts are better handled before they happen. Companies make sure many issues are addressed in the company policy and regulations manuals when new employees are hired as well as in training sessions for topics such as sexual harassment and safety. For a Company such as Firestone Tires and Rubber for example, one type of negligence could be Negligent Hiring. If an employee in a supervisory position verbally abuses another or in an extreme case, assaults another employee with a tire iron used in the performance of his duties, the victim could claim negligent hiring on the part of the company where they both were employed. This could be the case if the aggressive supervisor has had a history of this type of behavior at a previous place of employment. This begs us to ask the question: Has the company made enough effort to fulfill its obligation of providing a safe working environment for its employees? As it was touched on before there are measures that can be taken before something like this happens. For one, the hiring manager could have followed up on references to possibly find out if the candidate for employment has had a history of violence in the workplace, or perhaps...
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...1 Ghulam Abbas from Shorkot City (Jhang) GAsad@facebook.com 2 Recruitment and selection process Interview Definition: Direct interaction between parties to discuss various issues under consideration Direct interaction Parties Issues under consideration Selection Interview: Direct interaction between an employee and candidate to determine the suitability of that individual for job/organization Issues while conducting the interview: Factors that affect the usefulness of interview: i. First impression BIAS (SNAP judgment) The interviewer should consider evaluating a candidate based on its overall behavior and knowledge about the contents of the job instead of making assessment regarding the candidates based on snap judgment or first impression. ii. Non-verbal behavior: (Impressions Management) The interviewer must be vigilant (careful) about the non verbal communication including body language, gestures, eye contents, that may affect its performance in the interview and that may create false impression of the candidate regarding its job performance. iii. Job understanding: The interviewers must be appointed who can be considered as subject matter experts and who are familiar about the requirements of the job, understand the duties and responsibilities and know about the human specifications required to perform the job activities. iv. Contrast Errors/Candidate Order Error: The interviewer should consider the overall performance...
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...while participating in any sport. In today's litigious world, schools, and staff can be subject to a lawsuit. Over the past few decades, more tort cases have been filed. A tort concerns civil wrongs and address the duty, breach and injury sustained to one individual as a result of another's conduct. The premise is that a person who is injured could be able to recover something from the person who injured him or her. Usually, in a tort case, injured parties typically seek monetary damages. In an educational setting, tort law is the prevalent area of the law that subjects educators to personal liability. There are a variety of torts, which can basically be divided into three types of torts: (1) intentional torts, the intent to do harm to a person, (2) negligent torts, no intent to do harm to a person but to fail to exercise proper care and (3) strict liability, actions that causes damages regardless if the person is not at fault or negligent. Of the three categories, intentional and negligent torts tend to be more common types of tort actions in school sports settings. However, the vast majority of tort liabilities applicable to school situations are based on negligence. The tort of negligence is an unintentional tort that focuses on an individual's behavior or actions. It differs from intentional torts, which focuses on an individual's state of mind or intent. Normally, it is quite difficult to find a school or a coach liable for a student's...
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...Synopsis of Tort Cases In this paper, you will find synopsizes of four tort cases. Each scenario will include the type of tort actions in the case, potential plaintiffs and defendants, elements of the tort claim that constitute the plaintiff’s claim as well as any defenses that the defendant may assert. Additionally, you will find the writer opinion as to how they believe the claim will be resolved along with the legal reasons for their belief. Scenario One The torts actions, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...Bank of America Name Professor’s Name Institution Date How administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. Securities and Exchange Commission ha s the role of looking after United States investors against possible loss of profits. This is by keeping a reasonable and organized practice that promotes resources markets. The commission necessitates businesses to reveal important information regarding securities that they put up for sale in order for investors to make well-versed decisions. Securities and Exchange Commission forbids purchases of stock without enough finances to pay for them. The commission controls registration and supervision of the securities markets and agents. The commission makes up rules and regulations for solicitation of alternatives. It also provides advice to courts in economic failure matters (Chatain, 2009). Proper management is the only way that can assist in avoiding threats and gambling matters. All organizations need to posses tools that will help in assessment of threats posed because of activities that take place in that organization. In order for an organization to become successful, activities about information on security issues need to be clear. Securities and Exchange Commission has the role of enforcing major economic...
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...Tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract". With contract violations, the breach has to do with the duties that have been named in the contract. Tort violations however also involve some sort of breach of duty which can be viewed as the causes of action which are not defined in other areas such as contract or fiduciary law,as in the case of “Donoghue v Stevenson (1932)”. The tort of negligence is the most common type of tort and can be divided into four component parts that the plaintiff must prove to establish negligence. These componentsare: • The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle • There was a dereliction or breach of that duty • The tortfeasordirectly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury]. • The plaintiff suffered damage as a result of that breach • The damage was not too remote; there was proximate cause to show the breach caused the damage Tort laws govern situations where one person has harmed or injured another person. They also cover violations where the party intentionally harmed the other person, such as in a battery claim and also address incidents where the party may be held liable even if they did not act intentionally, such as in negligence claims or strict liability claims...
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...Week 8 Assignment 2: Joshua Baker Leg100 Instructor: Prof. Madhavi Basnet-Karki Tuesday, November 26, 2013 In the summer of 2012, JPMorgan Chase, the biggest U.S. bank, announced trading losses from investment decisions made by its Chief Investment Office (CIO) of $5.8 billion. The Securities and Exchange Commission (SEC) was provided falsified first quarter reports that concealed this massive loss. Now we are going to discuss how administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. The foundation of the United States economy is the banking industry and the American people need protection from the high risk gambles that these securities participate in. We need to understand how the Securities and Exchange Commission provides that protection. The SEC creates laws and rules that govern the banking industry in order to be effective in protecting the public. These regulations are derived from a simple and straightforward concept: all investors, whether large institutions or private individuals, should have access to certain basic facts about an investment prior to buying it, and so long as they hold it. In order to accomplish this, the SEC requires public companies to disclose meaningful financial and other information...
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...Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.(See Damages) Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts(e.g., liability for making and selling defective products - See Products Liability). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage. There are also...
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...logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham, North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All Rights Reserved ISBN 0-89089-847-2 LCCN 2003115021 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America logan 2e 00 fmt 2004-1-6 12.38p Page v To our students, who keep us learning. logan 2e 00 fmt 2004-1-6 12.38p Page vi logan 2e 00 fmt 2004-1-6 12.38p Page vii Contents Preface Acknowledgments Part I The Basic Negligence Cause of Action xix xxi 1 3 5 8 15 15 19 22 25 27 27 33 Chapter 1 Duty 1.10 Duty 1.20 Misfeasance and Nonfeasance [1] Special Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit...
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...Synopsis of Tort Cases Team C: Michael Colschen, Christina Thomason, and Shawn Glover BUS/415 April 5, 2011 Carol De Muth, Facilitator Torts and Liability Torts arise when negligent activity by one individual to another individual results in injury or liability from the action. The negligent party owes a duty of responsibility to provide recourse in the form of reimbursement through monies or other court appointed determinations as restitution for the negligent act. Tort cases are mostly negligent acts that involve suits heard in civil court. Tort cases are brought forth by private citizens, whereas criminal acts involve prosecution by the government. The tort acts demonstrated in this scenario involve bodily harm from negligent acts, defamation of character, and negligence for safety, medical malpractice, and broken promissory note. Scenario One Synopsis The scenario one contains several torts that involve damage, injury, and wrongful acts that involve potential civil lawsuits for strict liability. The scenario begins with a Daniel and his eight year old son Reuben attending a football game. The quarterback receives an injury from a player on the opposing team. The quarterback could file a lawsuit against the opposing team member for the injury as an act of bodily harm but the defendants defense states a circumstance that comes with the occupation of playing football. The quarterback can file a workman’s compensation claim against...
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...ge » Other Topics Tort and Conflict of Laws In: Other Topics Tort and Conflict of Laws CHAPTER 1 An Introduction 1.1 Introduction: The peculiar feature that tort occupies in private international law is that if the tortious act has been committed entirely locally, then lex loci delicti governs it, irrespective of the fact that whether it has or has not some foreign element, such as, both or one of the parties is domiciled or resident abroad or national of another country. The foreign law is applicable only in some very exceptional situations. Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. 1.2 Research Methodology: In making this project report the doctrinal method of research has been used. 1.3 Focus area: This project report focuses on the tort under private international law. 1.4 Scope of the study: In this project report the meaning of tort and law applicable to tort under private international law has been explained. CHAPTER 2 Conceptual Analysis 2.1 TORT AND CONFLICT OF LAWS: Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. The same act may be both a tort and crime: assault can be a cause of...
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