1. Respond either yes or no the case problem, and state the legal principles or rule of law that supports your answer. Under intentional tort law, Heather Gamble, would have to prove: A) An act by the defendant (Sherry Thorton, employee of Dollar General). B) An intention to cause to consequences of the act. The intention is the moment when Sherry Thorton grabbed at Gamble’s panties. Sherry Thorton had the knowledge that her action can cause harm. C) Causation-the injury was caused by the defendant’s
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of negligence is usually determined on a cost-benefit or risk-benefit analysis. ANS: T MSC: AACSB Analytic 6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent. ANS: T MSC: AACSB Analytic 7. The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property. ANS: T MSC: AACSB
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It discourages the efficient exercise of control because organizations which exert control over agents are likely to be deemed “masters,” and thus face liability fortheir agents’ torts. It also is inefficient because it distorts independent contractor relationships by providing organizations which hire independent contractors with excessive incentives to employ thinly capitalized independent contractors..Finally, it fails to provide
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TORTS ESSAY 1 Art and Bill were leaving work one afternoon when they were approached by Charlie, who was wearing a mask and carrying a gun. Charlie, who suspected Art of having an affair with Charlie’s wife, approached to within ten feet of Art and Bill, aimed the gun at Art and said, AArt, I am going to kill you.@ Art quickly grabbed Bill and pulled Bill in front of him, using Bill as a shield. Charlie fired the gun; the bullet going over the shoulder of Bill and hitting Art in the arm.
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house and maintain discipline. The claimants stayed at Axelholme House between 1979 and 1982. During that time they were sexually abused by Mr Grain. They sued the defendants, claiming that the defendants were vicariously liable in respect of the torts committed by Mr Grain when he sexually abused the claimants. The Court of Appeal dismissed the claimants’ actions on the grounds that Mr Grain was not acting in the course of his employment by the defendants when he sexually abused the claimants. The
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The breach of duty of the health care providers is defined as the deviation from the standard of practice owed the patient. The inability of the health care provider to deliver an intervention required for the right patient and or the omission medical treatment necessary to eliminate injury. The foreseeability is considered as the anticipated consequences and potential risk to the patient due to an omission and deviation of the standard of practice. The medication error and the fall are two of the
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Tort Law Case I. The fireman car accident The fireman’s car was driving at a very high speed. This excess of speed was ordered by his supervisor. The car ahead, under the pressure of the fireman’s car had become agitated and by trying to make room for the fire engine, collided with a lamp post. The driver of this car had no security belt. We have to see if the fireman is liable. To be liable, three things are needed : a damage, a fact, a causation between them. According
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Minimizing Tort and Regulatory Risk Plan A business, whether for or not for profit, in this country, is regulated under guidelines known to us as laws. These laws hold business leaders accountable for conducting business in an ethical manner and protect consumers from negligent practices imposed by a business. An example of these laws is Tort Law, which is a law that provides compensation for tortuous acts to an injured party or party’s property through a civil lawsuit (Cheeseman, 2010). Tort, defined
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Case Facts: Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until
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Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. Defamation was carried out in this scenario, it was a tort and it was intentional. In the defamation that is shown within, there are 4 total factors shown, defamation only has 4 factors. Wiretime unleashed to a third party a declaration in a defamatory way. There were a lot of specifics
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