This article is published in a peer-reviewed section of the Utrecht Law Review The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases Ivo Giesen* 1. Introduction** 1.1. Comparable stories of great grief In 1993, a South African boy named Brian Stewart was born severely handicapped. He suffers from ‘spina bifida’, a congenital defect to the lower spine, which negatively affects the nerve supply to the lower limbs, bladder and bowel. He suffers from a brain defect as well.1 In
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3/20/2013 Case 7.3 Summary The Issue in this case is that Cassie Pfenning was struck in the jaw with a golf ball while driving a beverage vehicle during a golf scramble and received major and permanent injuries to her mouth jaw and teeth. She filed a complaint against the person who hit the ball, the Elks club holding the scramble and others and alleged “the defendants were negligent in failing to exercise reasonable care for her safety while on the golf course.” Pfenning claims that as a direct
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MEMORANDUM TO: Larry Craig FROM: Applicant RE: Adair v. Oldfield, Implied Assumption of Risk DATE: January 5, 2014 ISSUES 1) Whether the risks that Adair faced were inherent in the activity of rock climbing? 2) Which statements by Williams would be admissible at trial? BRIEF ANSWERS 1) Yes. Defendant owes no duty to protect Adair from the harm he alleges because an inherent risk of rock climbing includes the negligence of co-participants as well as the danger of falling. 2)
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Davis v. The Board of County Commissioners of Dona Ana County What was the legal issue in this case? The legal issue in this case was deciding whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation about a present or former employee, when a substantial risk of physical harm to third persons by the employee is foreseeable (Walsh
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Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Keidra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner
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1. Justify your position about the importance of the physician-patient and hospital-patient relationships. The relationships of the physician –patient and hospital-patient are both extremely important and equally impact the health of the patient as well as the success of the hospital and physician. The physician-patient relationship is the center of health care due to the fact that one of the main aspects of a patient’s care is his/her discussion with the physician. In the past, patients had to
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Human Resource Management Institute (HRMI) Edexcel BTEC HND in Business – HRM – Batch 1/3 /M/E Unit No/Title: Unit 5/ Aspect of Contract and Negligence for Business Unit Code: Y/601/0563 Assignment No: 1 / 1 Assignment Title: Contracts and Negligence Law Unit Outcomes/Grade Descriptors Covered: |LO1.1 | |………………………………………………………….. |
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This case involved a citizen’s suit against a large dairy farm called Northfield Farm. The owner of the farm is being sued by NICE - Neighbors Invested in a Clean Environment for public and private nuisance as well as trespassing. Since this was a civil lawsuit the burden of proof was on NICE the plaintiff. As explained in the simulation old fashion dairy farms spread manure with spreaders and then send cows out to pasture, but Northfield Farm uses storage lagoons, and liquid manure to fertilize
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Scope of Employment To determine whether or not Jake’s actions are in or out of his scope of employment, we must first examine what “scope of employment” involves. The term “scope of employment” refers to an employee actively performing an employment task at a particular time for the benefit of the employer that does not involve the employee’s personal business (Hill, 2011). An employee’s scope of employment usually become relevant when there is an accident on the job or when someone
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Coughlin V Tailhook LAW/531 COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Facts: During a convention at the Las Vegas Hilton in September 1991, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway. The resulting post-traumatic stress disorder and other problems related to the attack eventually hampered her ability to perform her duties. Ultimately, she resigned from the US Navy. Coughlin brought action against the Hilton
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