ANSWER TO PART 1: A) The first lawsuit that Sebastian can bring against Poorich supermarket would be tort of negligence. The general principle of tort of negligence is, a person through his act or omission causes damage or injury to another person in situations where it was foreseeable. In the case of Sebastian, the manager of the Poorich supermarket owes Sebastian and his two sons a duty of care as a customer. The concept of duty of care generally known as the ‘neighbour’s principle’ is effectively
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Nanette Toledo You Decide- Week 5 MGMT -597 The facts of this case are presented below. Coleman, an employee of Software Inc., worked mostly on the road servicing and visiting customers around the country. In one of his trips, he decided to stop by a jewelry store to buy a gift for his wedding anniversary to his wife, but was too expensive. Instead, he stole a ring because he could not afford it. After that he went on a business meeting at Jimmy’s Poor-Man’s Bar to see John, a customer. He
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Introduction The most basic definition of tort law is a “civil wrong which can be redressed by awarding damages” (Cornell University, 2010). Through the following paper, this basis definition will be used to decide whether two cases, Haimes v. Temple University Hospital and Vandevender v. Sheetz, Inc. were frivolous and whether the outcomes were appropriate. Throughout this paper, eight questions will be applied to determine the merit of the two lawsuits. The eight questions are as follows: 1
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Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs
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risks that should be assessed. The following discussion, will analyze potential areas of risk within Riordan Manufacturing. The potential risks that will be analyzed include contract, tangible and intellectual property risk, employee risk, along with tort and regulatory risk. Each of the identified potential risk areas could inhibit the ability for Riordan Manufacturing to continue growth and potentially include major decrease in business success. In addition to the potential risk areas, compliance
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Tort Issues Whether Barb committed any intentional Tort against Carol I. Whether Carol can seeks recovery for [4] a temporary trespass or nuisance (asserting claims for annoyance, discomfort, inconvenience, interference with their enjoyment of their property, loss of enjoyment of life, and personal injury. II. Whether Carol can maintain an cause of action for negligence or any other intentional tort, due to her contention that that offensive smoke have migrated from a neighbor's property
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Tort Risk and Business Regulation Simulation Jane Thomas University of Phoenix Business Law/531 Thomas Friedman October 19, 2010 In today’s business world it is crucial for organizations to have a plan in place to identify and manage tort liability. This can be managed through preventive, detective and corrective measures. The purpose of a plan is for an organization to manage and minimize individual risks. Organizations that fail to comply with Federal, State, and local
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Recognizing and Minimizing Tort and Regulatory Risk Plan Jennifer Newcome Business Law 531 November 1, 2010 Bart Bodkin Word Count = 1,317 Recognizing and Minimizing Tort and Regulatory Risk Plan Alumina Inc. is an US-based aluminum maker. Their headquarters is situated on the fringes of Lake Dira in Erehwon; however it operates in eight countries. Alumina has business interests in automotive components and manufacture of packaging materials; bauxite mining, alumina refining
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Chapter 12 and 13 1. Type of damages: compensatory, punitive etc. Compensatory damages are used to compensate or reimburse a plaintiff for actual losses. The goal is to put him in the same position that he would have been if the tort had not occurred. The compensatory damages are generally broken down into special damages and general damages. Special damages compensate the plaintiff for quantifiable monetary losses (medical expenses, lost wages).General damages compensate individuals (not companies)
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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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