...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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...Synopsis of Tort of Cases Paper Synopsis of Tort Cases A tort is the French word for wrong. There are three categories of torts which are intentional torts, unintentional torts, and strict liability. Tort law is basically what protects different types of injuries that arise from the different torts. Many lawsuits that are done use many of the different torts to look for monetary gain, or tort damages. Tort damages are basically monetary damages that are sought from the offending party (Cheese man, p. 95.para.2). There have been many scenarios that have brought up different tort damages. Sometimes there are just one specific situation tha starts the tort cases. As the following scenario is reviewed that different tort actions are described, the potential plaintiffs are identified, and the elements of the tort claim that constitute the plaintiff’s claim and how the facts conform to those elements are described. Tort laws provide remedial compensation for damages. Segments of tort laws included intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufactures (Cheeseman, 2010). Under each tort segment are violations with descriptive terms to provide details of offenses. I an individual believe a wrongful event has occurred; the individual has the right to file a civil lawsuit against the wrongdoer. This type of lawsuit can be some with or without the aid of an...
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...Briana Lyles Torts and Product Liability 11/22/2011 University of Maryland – University College AMBA 610 – Section 9040 Dr. Kathleen Locklear Introduction This paper will discuss two types of law and how they apply to two separate lawsuits. According to The Legal Environment of Business: A Critical Approach by Kubasek, Brennan, and Browne, Tort law is defined as “an injury to another’s person or property.” Tort Law has many goals that are in place to assist injured person through monetary compensation and even mental compensation. Additional goals of Tort Law are to discourage private retaliation, promote civility, and deter wrongful actions (Kubasek et al., 2009). Tort Law also tries to ensure that the plaintiff receives compensation for damages. Another type of law explained in The Legal Environment of Business: A Critical Approach is Product and Service Liability Law, which was evolved from Tort Law. Manufacturers of products and givers of service owe a level of responsibility to the consumers of their product or service. The liability laws hold manufacturers accountable if the consumers are somehow unable to use their product without it causing harm to them. The cases discussed in this paper involve Tort Law violations as well as Product and Service Liability law violations on the part of the defendant in both cases. The Facts A CAT scan was performed on Judith Haimes by Dr. Judith Hart, a physician who works at Temple University. Before the CAT scan was performed...
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...Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for...
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...neck hold. John ordered the man to release him, but Mr. McPhillen refused his request to release him. Mr. McPhillen then seated John firmly in a chair and ordered him to remain seated or he would punch him. It was after this that the woman informed Mr. McPhillen that John was her husband. ISSUE: (1) Which intentional torts were committed and (2) what are the defenses available to the tortfeasors? Short answer: John and Leroy are both guilty of committing intentional torts. However, both parties have arguable defenses. More information is needed in regards to the events that took place prior to the man assaulting the woman and the amount of time that John was confined by Mr. McPhliien. Prior to determining the appropriate statues and the defenses each party may present, each intentional tort committed must first be explained. Intentional Torts: The first intentional tort was committed by John when he began shouting at the woman, approaching her in an aggressive manner, and by grabbing her wrist. Regardless of his relationship to the woman, John committed Assault and Battery by grabbing the woman’s wrist. The three basic elements of this tort include...
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...PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the duty, based on the applicable standard of care that he/she is owed; three is that tortfeasor action or inaction is the proximate cause of the injured party's injury; four is the injured party has in fact suffered some type of injury (physical, mental, monetary). In the scenario case of the Rob Jr. v Church of the Divine Light, there are many causes where the family can be compensated for damages of intentional. Some of the causes that Rob Jr. can take against the Church of the Divine Light are mental stress because Rob Jr. was brained washed by the Church of the Divine Light and took several weeks for him to recover his sanity, false imprisonment because the Church of the Divine Light tricked Rob Jr. believing he would go to hell if he left the church, and that that was his new family and that his family did not care for him any longer, intentional infliction of mental distress, and emotional stress because of the recovery of being brainwashed, and to understand that his true family...
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...teacher in the classroom and the principal. While teaching her classroom of ten children, the principal enters the room and tells the teacher that her husband was involved in an accident and was at the hospital in critical condition. The teacher leaves her classroom to go to the hospital. When she arrives at the hospital, however, she finds that her husband was not there, and after calling his cell phone, the teacher finds that her husband is safe and sound at home. It turns out that the principal had lied to the teacher because he was mad that she had rejected his advances for a date. In these facts, the teacher may have a claim against the principal for any emotional distress she may have suffered as a result of the principal lying. In torts, there are two types of claims that can be asserted for emotional distress: (1) intentional infliction of emotional distress; and (2) negligent infliction of emotional distress. A claim for negligent infliction of emotional distress is similar to intentional infliction of emotional distress, but only requires showing of negligence rather than intent. A cause of action for negligent infliction of emotional distress consists of (1) a duty of care owed by the defendant to the plaintiff, (2) breach of that duty by the defendant resulting in severe emotional suffering and (3) actual and proximate causation of severe emotional distress. The key aspect for a claim in negligent infliction of emotional distress is that physical injury or illness is...
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...State or Federal Tort Claims AJS/562 December 15, 2014 State or Federal Tort Claims The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act of 1946 will provide the citizens of the United States enough cushion to go around the immunity for federal employees. Before the enactment of the Federal Tort Claim Act of 1946, the citizens would have no possible way of suing the federal government for wrongdoing. It allows federal employees the immunity from lawsuits regardless of the harm the employee causes a victim to suffer. The Federal Tort Claim Act of 1946 will provide citizens of the United States a way around immunity to sue the federal government; however, it would take the power to regulate a federal lawsuit claim and the courts to hear the case. Regardless of the First Amendment, allowing a citizen the right to address the grievance with the federal government that has no authority to allow it to occur. According to (Valparaiso University Law, 1980) Congress enacts a Court of Claims Act that allows a citizen to complain; however, it excludes torts or civil liability (Valparaiso University Law, 1980). Around the beginning of 1887 a new law, the Tucker Act is enacted to...
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...Business Torts and Ethics Paper ETH/321 October 5, 2015 Mauri Hawkins Business Torts and Ethics Paper Generally speaking, an intruder who invades other people’s premises is considered to have surrendered their rights. This means that the occupants have a right to defend themselves through whatever means they consider to be ‘reasonable force’. At times, the use of deadly force is justifiable, especially when the intruder causes (or is even believed to have the intention to cause) bodily harm. The bottom-line is that the owners/occupants of the premises in question are allowed to do anything within their power, as long as their actions are not grossly disproportionate (Clarke, 2012; Medsger, 2014). It is relatively easy to argue the case against the intruder. In this case, the intruder is evidently liable for the harm and the loss incurred. In most of the states and even internationally, the law regard the people defending themselves as potential witnesses, and not as potential offenders. Sharon and Darryl acted reasonably, and this would still have been the argument bad they knocked this burglar out cold. Nonetheless, it would be wrong to, say, stick a knife or even continue hitting the intruder after he has obviously been neutralized. The intruder is liable, and Sharon and Darryl are potential witnesses (Sennewald & Christman, 2011). Landlord’s Responsibility In most of the states, the landlords are required to protect the tenants as much as possible...
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...Business Law Term Paper Topics Posted on March 6, 2012 by EssayShark Students find term paper writing a boring and challenging task. The most complicated part of the writing process is choosing the best one among good business law term paper topics. Luckily, the business law sphere is full of different topics and ideas. Business topics include the formation of a company, employee and commerce relations, regulations of insurance. Once you narrow down the topic, you find there is a lot of information on it. Business Law Term Paper Topics on Contract Law The contract business law sphere can be broken down into different categories, so the writer’s choices are quite varied. It is possible to write about breach of contract and its peculiarities. You can include as a part of your paper the case of Sondra Locke and Warner Brothers. Business Law Term Paper Topics on Tort Law Tort law is one more field of business law, including a lot of subcategories, for example: Falls and slips at work. Accidents because of work vehicles. Noisy and polluted working places. The level of care of the workers. One of the bright example of business tort law is a case of Ford Motor Company and Grimshaw. Business Law Term Paper Topics on Intellectual Property Law It is one of the most common law areas nowadays, although it was non-existent several decades ago. Students adore such business law term paper topics, such as trade secrets, trademark infringement and laws on copyrights. There...
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...claiming various actions is deserving of the reward expected. Tort law can be misused and in most cases it is. At times that tort law includes the protective barrier over criminals, and in many cases it is used as exactly that. This paper examines the lives of varied individual in four different cases in which tort law is used, and quite possibly abused. The Scenario Paper In any courtroom across the country, and more than likely, across the globe, a person can find the use of tort. Over the years, the governing bodies in tort law have transformed it from its common law origins. Tort, as with any law, is forever changing and evolving by the use of lawyers and judges, alike. Despite certain efforts for the reform of tort, it is still difficult to overlook the use of modern torts and fail to see the convoluted system of rules and laws covering the main purpose of tort law. According to the Cornell University Law School website (2010, para. 4), “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).” This paper will examine a few of these types of torts and their possible outcomes. Scenario One In scenario one, there are several intentional and unintentional tort actions that are displayed. The torts that clearly stand out are battery and intentional infliction...
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...Torts Shapo (2003) stated "A tort is a civil wrong in the sense that it is committed against an individual (which includes legal entities such as companies) rather than the state. The gist of tort law is that a person has certain interests which are protected by law. These interests can be protected by a court awarding a sum of money, known as damages, for infringe- ment of a protected interest. Alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something" (p.1). This paper will give two scenarios of two different torts. The first tort will be Breach of Fiduciary Duty. The paper will also show how Breach of Fiduciary Duty can be avoided and how the situation could have been avoided. The second tort will be Injurious Falsehood. This paper will also show how Injurious Falsehood can be avoided and how the situation could have been avoided. Breach of Fiduciary Duty Corporation A files for bankruptcy. The directors of the corporation recommend what seems to be a good restructuring plan. The plan relies on maintaining the current business contracts for the success of the corporation. The reconstruction was formulated under false pretenses. After authorization of the plan, the directors of the corporation proceed to reroute the business contracts that would have permitted Corporation A to effectively reorganize to Corporation B. Corporation B is completely owned by the directors of Corporation A. Because of the...
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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 of identifying a tortfeasor. The various tests which have been used in the past for identifying the cause and the ‘closeness’ of the cause have also been taken up. They have been discussed in detail using various case laws. The limitations of these tests have been explored as well. Under what condition does a cause, which may have been proximate, gets ignored has also been deliberated and discussed. Finally the paper is summed up with a general solution which can help law courts to decide on the matters in question without getting involved in the technicalities which currently persist. CHAPTER 1 INTRODUCTION 1.1 INTRODUCTION In order to understand the role of causation and remoteness in tortious liability it is imperative that we have a clear idea of what the term causation and remoteness imply in tort law. Very simply put - In a tort case, it is essential to discover whether there was some act or omission by the defendant which caused damage to the plaintiff...
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...product that you just purchased failed to have the proper warning label? Better yet, has the design or the manufactured parts of the product somehow become defective? These questions are just some of the legal issues that will be presented within this paper. In addition, the legal principles that apply to each of the issues will be discussed. Product Liability is the type of law that holds manufacturers, distributors, suppliers, retailers, and others involved with the product reponsible “for any damage caused by that product (Products Liability Law). This paper will contain important factors about the Product Liability video. For example, Potential tort risks that were addressed within the video will be identified. In addition, a tort violation from the video will be identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of all, there are several potential tort risks that are addressed within the Product Liability video. Tort law basically protects individuals from various enterprises and other parties from injuring the innocent either recklessly or negligently. For example, the video explains how the product quality was not represented properly. The company is at fault...
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...,2 Recognizing and Minimizing Tort Paper Jorge A Cuellar University of Phoenix LAW/531 Business Law November 08, 2010 Loi-Natalie Laing, Esq. Recognizing and Minimizing Tort Paper Alumina Inc. is a company that makes aluminum automotive components and manufacturers all packaging materials like bauxite mining, alumina refining, and aluminum smelting. The company uses some chemicals that are necessary for the process and these chemicals contain and produce carcinogen effluents that can affect the environment and the people’s health in certain ways. The company is locating near to a lake and a small town, therefore the environmental regulations are very strictly in order to prevent any type of contamination that could affect the wildlife and the people surrounding the company. It is necessary to implement an operational system that will control and minimize the impact of the company’s waste toward the environment. The purpose of this paper is to recognize and minimize tort and regulatory risk plan for a company such as Alumina Inc. and explain how regulatory risks may be identified and managed through preventive, detective, and corrective measures. This plan has to be implemented according to the process and the technology employs within the company, in order to be efficiently and at the same time comply with the purpose of protecting the environment and meet the governmental regulations. Tort law imposes a duty on persons and businesses agents to prevent intentional...
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