of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others. In common parlance, torts may be described as the wing under which all claims pertaining to civil rights are brought and monetary compensation is awarded to right the people who
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The Element of Alternative Liability LEG300 Week 4 01/20/2014 The alternative theory is when two or more people commit and act of negligence and only one commits the actual injury. I believe that the court should grant the parents the motion due to the fact that when Dr. Brady was called, did not ascertain the baby’s position and began using the forceps which then caused the baby brain injuries due to the amount of pressure that was being used to deliver the baby. If Dr. Brady would have
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(iii) assault. He can also sue the Police under (iv) breach of duty and (v) negligence. III. Brief Answer Mr Muniyandy is likely to succeed under the tort of false imprisonment and battery. In the event that the identity of the staff that looked like ‘a hulk’ can be established, the grounds of assault can succeed too. However, he is unlikely to succeed in suing the Police for breach of statutory duty and negligence. IV. Causes of Action For issues (i) to (iii), Mr Muniyandy would have
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complete loss of life or substantial damage to a home or other establishment. The main issue that arises when it comes to this topic is that of possible lawsuits and the ability to be able to find out if it was negligence on the part of the producer of the item being sold. In order to prove negligence, a person must have had a duty of care, which means a responsibility to act in the nest interest of another (wiseGEEK, 2003). A company always has to be ready to be able to defend itself in all the possible
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“Gravel Is Us”, argues that she cannot be held liable for negligence, we will push to show she should be held liable for Jim’s injuries sustained by the falling rock under the theory of Strict Liability. Because blasting is an abnormally dangerous activity, public policy requires that the cost of the damage resulting to innocent parties be borne by those undertaking the blasting, even when they have not behaved negligently (was there negligence?). This rule of law comes from Spano v Perini Corp., 31
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LS311 Business Law I Unit Two: Writing Assignment March 7, 2012 Introduction In this case there is an unintentional tort of negligence. This occurs when someone suffers injury because of another’s failure to live up to a required duty of car (Miller & Jentz, 2008). To make a case out of this that will hold up in court there needs to be a risk of such consequences. This being said the risk is the fact that the victim was left with permanent physical impairment. The incident was unintentional
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"There is no point reforming the rules on auditors if the liability regime continues to be as lax as it currently is." Discuss. Auditors provide a key investigation function in the business world. The law in relation to the liability of auditors changed significantly with the introduction of Companies Act 2006. It is now possible for audit firms to limit their liability towards clients through contractual agreements. The current auditing liability regime has proven to be controversial. This essay
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products liability of the design and manufacture of the SN325 pneumatic nail gun. Senco profes, inter alia, that ORS 18.560(1)1 limited any noneconomic damage award to $500,000. But the jury’s verdict find Senco liable both in strict liability and in negligence, and fixing John Lakin's parallel fault at five percent. The jury awarded John Lakin $3,323,413 in economic damages and $2,000,000 in noneconomic damages, then Ann Marie Lakin got $876,000 in noneconomic damages
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damages; and 20,000.00 attorney’s fees With costs against said defendants. Held As a consequence and in view of the evidence on record, the Court holds and so finds that the accident occurred due to the fault or negligence of Panelco and its driver Honorato Areola. The negligence of Panelco consists in having allowed its rover jeep which is mechanically defective, unsafe and not roadworthy to be operated on a highway. On the other hand, the defendant-driver Honorato Areola was likewise, negligent
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Alumina and BP Introduction Running a business does not come without the existence of liability risk and legal issues. The question posed is what are the liability risks that could lead to legal issues and how will such issues be handled. When legal issues are present in the business sector due to liability issues, more likely than not, others are affected both directly and indirectly by the situation. How the situations are resolved depends upon those involved and the complaint. BP and Alumina
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