ISSUES I. Under Massachusetts’ privacy statue, did Chad Thanton disclose private information about Marsha Kensington that was unreasonable and substantial or serious, when Thanton posted three personal pictures of Kensington, which she had never made public? II. Under Massachusetts’ defamation law, did Chad Thanton publish false information about Marsha Kensington to a third-party that could damage her reputation in the community, when Thanton made statements regarding how Kensington makes her
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Chapter 21 Warranties and Product Liability • Warranty, which is an assurance provided in a sales contract • Negligence, which refers to unreasonable conduct by the defendant • Strict liability, which prohibits defective products whether the defendant acted reasonably or not. A warranty is a contractual assurance that goods will meet certain standards. An express warranty is one that the seller creates with his words or actions. The UCC establishes that the seller may create an express warranty
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Standard Federal Tax Reporter (2007), .04, Compensation for Injuries or Sickness: Damages for Physical Personal Injuries or Sickness: Damages for physical personal injuries or sickness Click to open document in a browser The amount of any damages received on account of physical personal injuries or sickness are excludable from gross income (Code Sec. 104(a)(2)). The word "damages" includes not only amounts awarded by a court in a lawsuit; it also includes amounts received as the result of an agreement
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Case 0:05-cv-00668-RHK-JSM Document 61 Filed 02/07/2006 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Stacy Lawton Guin, Plaintiff, v. Brazos Higher Education Service Corporation, Inc., Defendant. Civ. No. 05-668 (RHK/JSM) MEMORANDUM OPINION AND ORDER John H. Goolsby and Thomas J. Lyons Jr., Consumer Justice Center, Little Canada, Minnesota; Thomas J. Lyons, Lyons Law Firm, P.A., Little Canada, Minnesota, for Plaintiff. Courtney M. Rogers Reid and Matthew E. Johnson
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CARTER v. HUCKS-FOLLISS, 131 N.C. App. 145, 500 S.E.2d 177 (1998) Relevant facts: The Moore General hospital is the defendant and the Carter's are the plaintiffs. This case is against the defendant's plea for a summary judgment. The plaintiff underwent a neurosurgery at the defendant hospital and it was performed by Dr. Folliss who has medical staff privileges at the hospital. Due to Dr. Folliss's negligence the plaintiff sustained quadri paresis, painful injuries and disfigurement. The plaintiff
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You are a clerk for the judge assigned to this case. The judge asks you to prepare an essay, explaining to her why, under Illinois law, she should grant or dismiss the motion for summary judgment. Please help the judge. CASE SCENERIO: The plaintiff Alan was trying to catch a plane at Chicago's O'Hare Airport. He knew that he was late for his plane and so, he was running through the airport as fast as possible. Unfortunately, Alan does not see the banana peel that was lying on the floor in the
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Making Hospitals Accountable: Hospital-Level Liability Could Revive The Dormant Deterrent Power Of Tort Liability. The major purpose of this article is to make physicians feel relaxed in their place of work without the fear of tort liability, and by making hospitals accountable for malpractices in the hospital. Also, since hospitals today have different departments, there should be a committee of medical experts that would identify areas where malpractices often occur, curtail and try to improve
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Advertisement WIRETIME, Inc., has committed a tort which is “a civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party” (Melvin, S.P., 2011, p. 208). When WIRETIME placed an ad in a well-known industry magazine containing statements that BUGusa, Inc.’s electronic recording devices were low quality and did not work reliably for more than 1 month, they did commit a tort. This is considered defamation, but more specifically
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Health Care Policy, Law and Ethics HSA515 The Snow Storm Lawsuit By Etta Manneh Dr Branco Strayer University May 5, 2011 Identify and explain at least three legal considerations. The first incident relating to this case as a legal consideration was negligence on the nurse which is explained in four categories. One is to owe a duty of care to the injury person, the second part that you breached the duty of care, the third that the breach causes the person to be injured, and four
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CAN a driver exempt himself from liability for injuring an infant passenger? This was the question raised in Buckpitt v. Oates.1 The plaintiff, who was seventeen years old, persuaded the defendant, who was a friend of the same age, to give him a lift in the defendant's car by promising to pay for the petrol. Before the journey began the plaintiff read, and understood, a notice in the car which said: " Warning. Passengers ride in this vehicle at their own risk. Neither the owner nor the driver will
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