trying to sue Burger King Corporation under the Washington Product Liability Act (WPLA). Mr. Bylsma claims ongoing emotional distress after an employee spat on a burger he purchased, but did not eat. The litigation is based on product liability, negligence, and vicarious liability (Bylsma v. Burger King Corp, 2013). According to Repa (1998) “Although supreme Court has not yet recognized federal limitations on state product-liability actions, several lower federal courts justified a federal common-law
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Recognizing and Minimizing Tort and Regulatory Risk There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations. The simulation of Alumina, is very interesting. This fictitious company is accused
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watchfulness, attention, caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care, then the acts are considered negligent and any damages resulting maybe claimed in a law suit as negligence. 1.2 Describe how the duty of care affects your own work role: We have a duty of care to our client’s health and welfare. I have duty of care to make sure my client’s needs are meet on my duty shift: including the health, welfare, emotional and
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In the case of Smith vs. Wade, an inmate at Missouri Division of Corrections for youthful first offenders, Daniel R. Wade brought suit against a guard from the unit in which he was assigned, William H. Smith. Wade accused Smith of “gross negligence”, “an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.” (Cross 283). While Wade was an inmate in the correction facility he was assaulted by being harassed
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Plan elements Knowing the four elements of defending against negligence is fundamental to developing a preventative plan against negative effects of a tort. With foresight, a business can plan against the occurrence by superseding or intervening the event. Having knowledgeable team members who can determine whether or not the company is actually responsible for an event is essential. Assuming the risk of potential negligence can help to diminish the possibility of tort. Keeping a business
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JPMORGAN CHASE RADEGUNDA MOSHA BUSINESS LAW 1 PROF. AALIYAH MOHAMAD AUGUST 25, 2013. REFERENCE Constance E. Bagley. Seventh Edition. www.stimmel-laws.com/articles/torts.html www.cftc.gov Administrative agencies are agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labor. The Securities Exchange Commission and the Commodities
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The Erehwon Reporter were negligent in the publishing of the article claiming Alumina incorporated repeatedly contaminated the waters of Lake Dira. According to Cheeseman (2010), “under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions” (p. 80). For instance, when Kelly Bates and The Erehwon Reporter decided to publish the article disparaging the name of Alumina Incorporated they became legally
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How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to
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Heather's noncustodial parent. Timothy Cates’ car collided with another automobile near an intersection of two state highways. The driver of the other vehicle died in the collision, and Heather Cates sustained serious injuries.Heather Cates filed a negligence action through her mother and next friend, Nancy Cates Schmittling against her father, Timothy Cates, for compensation for her injuries. | Rationale | Illinois courts have carved out and established five exceptions to parent child tort immunity
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negligent referrals or misrepresentations of facts that an employer provides regarding a previous employee. Questions for the court to evaluate regarding the matter are: What if provided references are misleading? Can an employer be sued for exercising negligence in referring an unfit employee who harms or show foreseeable possibilities of causing harm on a new job? Who bestows the duty of care? What was the legal issue in this case? The legal issue in the case of Davis v the Board of County Commissioners
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