on reasonableness of behavior leads to a broad range of applications in everyday personal life (e.g., a person’s negligent driving of a car) and in business and professional contexts (e.g., an employer’s negligent hiring of a certain employee, or an accountant’s, attorney’s, or physician’s negligent performance of professional obligations).”(Business Law, ch 7) It does matter whether an employer has evidence that an employee poses a threat or danger to others. Even if an employee has only a reasonable
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Medical Malpractice and Tort Reform Many medical conditions as well as procedures do not result in the desired outcome. A professional in the medical field is not personally responsible for every single negative outcome which may effect one of their patients (Blair, 2013). These individuals are, however, legally responsible for any harm or injury to a patient which was a result of the medical professional deviating from the level of care that a knowledgeable doctor would have delivered in a similar
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Department of Business Administration Business Administration 300 Syllabus Spring 2014 Professor Mark E. Roszkowski 394 Wohlers Hall 333-0886 (Office) 333-4240 (Department Office) Office Hours 1:15-3:00 Tu, W Mailbox: 350A Wohlers Hall Texts: Legal Environment of Business from Business Law: Principles, Cases, and Policy (Seventh Edition 2011) by Mark E. Roszkowski (Selected Chapters, Custom Edition, Stipes Publishing L.L.C.) Business Administration 300 – Legal Environment of Business – Lecture Outlines
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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)
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Elements The court followed Utah law, which adhered to general tort law, recognizing the elements of a strict liability “that as between an injured buyer of a product, and the seller of the product, the seller must bear the liability.” The Restatement (Third) of Torts states that “One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to
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on the platform, to court for damages she suffered through the injuries caused by the scale falling on her as a result of the guards assisting another passenger onto the train and knocking the package out which then exploded. Negligence is not a tort unless it results in the commission of a wrong, and the commission of a wrong imports the violation of a right, in this case, we are told, the right to be protected against interference with one’s bodily security. (Edwards, 1999, p. 131) In this case
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Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC
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Write a 4-6 page paper based on your answers to the following questions. Utilize the Showalter textbook and at least two (2) other resources to support your answers. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Explain how the standard of care can be proven. In the standard of care, there is a certain and prudent kind of way that all persons involved should behave in a given circumstances. The duty of due care requires them to be prudent
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Cause in fact, proximate (legal) cause, and Actual damages. An intentional tort is one where the tortfeasor was willful in bringing about a particular event that caused harm to another party. Negligence is an accidental (without willful intent) event that caused harm to another party. The difference between the two is the mind-set and intent of the tortfeasor. I will describe an example of negligence and an intentional tort. I was at the swimming pool with some of my friends and one of them accidentally
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Assignment 1: Law and Healthcare HSA515 Health Care Policy, Law and Ethics January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of
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