Negligent College Essays Samples For Students

Law

1a.) The four main components of a contract are: offer, acceptance, consideration and intention of legal consequences. The offer is considered complete if it states in definite terms of the agreement and it must be communicated to the offeree. The offer should not only include any estimation, manifestations of interest, requests for proposals or letters of intent. The offer is different from an invitation to treat such as advertisements and shop displays where the invitation to treat is inviting an offer to be made (Richards, 2009). In this given case, the offer was made through an advertisement in several newspapers ...

Although the “State Codes and Statutes” regarding crimes and offenses such as capital murder, voluntary manslaughter, involuntary manslaughter, and negligent homicide vary from one state to the other. Nonetheless, under the following typical facts and circumstances, the student could be charged with any of these offenses:
Capital murder: Capital murder is punishable by the death penalty in most states ("Capital offense law"). Although vehicular accidents that cause death are regarded as a felony, a defendant is rarely charged with capital murder. Perhaps the student could have been charged with capital murder if he thought out about killing the professor beforehand, ...

A man carrying a small package in his hands ran into the railway station. He was unsteady and almost fell when he attempted to board a moving train. Two of the railway station’s guards rushed to help him. The plaintiff, Palsgraf, was on the other side of the rail waiting for a train. Railway guards were able to prevent the man from falling but his package, whose contents they were not aware, fell on the rail. The package contained fireworks which exploded upon touching the rail lines. As a result of the explosion, scales caused injuries to the plaintiff. There was nothing ...

Question 6

This question presents two different contracts at hand. The first is the contract between Car-Rex Company and Ahmed for the sale of Dweeb 123. The other contract was between Car-Rex and the buyer from New York for the sale of the same car, Dweeb 123. Contracts are legally binding and enforceable provided that the essential elements of a contract are present. In an ordinary contract, there are conditions that are prerequisite to formation. There must be the offer, acceptance, intention to create legal relations, and consideration. Even though the sale of goods over the telephone or communication networks is an ...

Introduction

The following case study addresses JP Morgan’s Chase, the biggest bank in the USA, which has recently announced trading losses, which stemmed from investment decisions, made by the Chief Investment Office of the bank. After having realized the losses, the Office provided the Securities and Exchange Commission with reports, containing falsified data. The issues, considered in the Analysis part will refer both to the case itself and the legal background, which underlies consideration of the facts of the case. Concluding we will provide some basic recommendation referring to investments.

Analysis

- Means to achieve effectiveness of Securities and Exchange ...

Tort of Negligence

A tort is civil wrong, which upon prove in a civil court, entitles the plaintiff to a remedy. Negligence is one of the vital civil laws in tort. The tort of negligence has several elements. These are as follows: the defendant should owe a duty of care to the claimant; the duty of care must be breached by the defendant, and most significantly, there must be prove that the failure caused damage, which was reasonably foreseeable to the claimant (Statsky, 2011).
The primal function of negligence as a tort law is to compensate persons, who get injured by negligent actions of others. ...

Corporate social responsibility (CSR) is usually defined as "Certain expectations that society has of organizations on economic, legal, ethical, and discretionary levels at a given point in time" (Carroll and Buchholtz 2003, p. 36). The idea of corporate social responsibility implies moral, ethical, and philanthropic responsibilities of organizations along with their responsibilities to earn a fair return for investors and comply with the law. Legal and ethical responsibilities that the companies have toward their clients are to provide the standards of care which correspond to what they promise of their products, establishing certain ethical codes of contract in order to control ...

Abstract

In the course of dispensing his doctoral duties dr. M performs some actions that though seemingly random and innocent at the time, tend to have grave consequences on young Jacob’s life. The debate thus arises as to exactly how the doctor’s actions came to have such grave consequences on an innocent victim and the doctor’s credibility as a medical practitioner comes into question. The issue of the responsibilities of a patient when faced with a seemingly negligent doctor also arises in relation to what Jacob could have done as a patient to preempt his predicament. The issue of then general ...

While the common idea of a police-suspect encounter is that the suspect has done something wrong, there are a number of circumstance where it is the officer who will be found to have acted improperly or without appropriate legal authorization. Civil liability, is one of the two forms of legal redress that police officers may face when they fail to perform their assigned duties, act negligently, or abuse their authority (Kaci, 1998). Civil liability, as opposed to criminal liability, refers to the power of an injured party to sued a defendant for compensatory (monetary), equitable, and declaratory relief.
In ...

The case of Eleanor Ostrowski v Lynn M. Azzara was a case principally regarding the legal significance of a medical malpractice claimant’s pre-treatment health habits. Ostrowski, the plaintiff, consulted Dr. Azzara, the defendant, who was a podiatrist, for an inflamed left big toe. Azzara examined it and diagnosed Ostrowski with a fungal disease on the toenail requiring its removal. She further did a test that revealed high blood sugar level and some peripheral vascular disease. Ostrowski had always been highly diabetic and insulin-dependent, a heavy smoker and obese. Azzara explained the risk of losing the limb if the blood sugar levels and weight were ...

Background of the Titanic

The Titanic carried 2,227 people before the ship sank. The sinking of the ship can be attributed to the negligence of the captain of the ship. Before the occurrence of the instance, the titanic ship was warned six times of sea ice on 14 April but unfortunately, it travelled at a maximum speed towards the sighted iceberg. After it approached the region, the captain’s efforts did not work since titanic failed to turn quickly as it was required.
It was not until the captains of the ship realized that the ship was to starting to sink than ...

- Discuss how administrative agencies like the SEC or the CFTC take action in order to be effective in preventing high-risk gambles in securities, banking, and foundation of the economy.
The financial market is one of the pillars that make the United States economy a strong and stable one. To be able to contribute to the strength and stability of the economy, the financial market has to be strong and stable as well. There are various organizations that have been established to safeguard that strength and stability, two of which include the Securities and Exchange Commission (SEC) and the Commodities Futures ...

The nurse on duty was negligent in attending to the patient who was given a continuous insulin drip and this negligence has brought the patient to the verge of a life threatening situation. Some of the damage to the brain could be irreversible and very difficult to revive. However, the nurse’s intension was not malicious. It is important to determine the factors that led to the nurse’s negligence. The act of negligence has resulted in a traumatic accident for which the nurse is in some way responsible. Poor management practices and overloading the nurse with miscellaneous work ...

Abstract 3

Auditors’ Responsibilities and Potential Liabilities 4
Types of Audit Reports and Underlying Reasons for Their Issuance 5
Unqualified Opinion 6
Qualified Opinion Report 7
Adverse Opinion Report 7
Disclaimer of Opinion Report 8

References 9

Abstract
This research paper is dedicated to make an important discussion about the different types of reports issued by an external auditor to form an opinion or judgment about the reliability and accuracy of the financial records and statements of the audit client. Generally, auditors issue four types of auditor reports depending on specific situations. Also, different responsibilities of an external auditor are also highlighted while ...

Introduction

Police officers and their actions fall under the scrutiny of the society and the Constitutional Amendments that protect their rights. Although state legislatures adopt different approaches to arrest criminal behavior, the police departments across the nation are subjective to Federal laws in case of violations. The most common complaints against the police in recent years include excessive force, violation of civil rights, unbecoming of an officer, and deliberate indifference. Police officers enjoy limited immunity and cannot be accountable individually. However, the department as a whole will face the damages. In the political climate today with shrinking police budgets, lawsuits ...

Introduction

Alternate Dispute Resolution is a method of settling disputes without the intervention of the civil courts. This application of the mediation process is especially successful in conflicts of family, minor injuries, home negligence issues and most other disputes in which the settlement is relatively fixed and lowers than a jury trial would assess. There are three basic types of Alternate Dispute Resolution (ADR): arbitration, reconciliation and mediation . A mediator is a neutral third person who adjudicates the proceedings and is agreeable to both parties before entering into the negotiations. The parties have to additionally agree upon accepting the ...

Malpractice actions can only proceed once basic requirements contained T.C.A. § 29-26-115 has been met. Firstly, the burden of prove is upon the claimant to provide the standard of professional practice within the community which defendant practices. As a claimant, therefore, prove that I am well vast with the standards of professional practices that should have upheld at the time when the injury was committed. I will also prove that defendant failed to act with reasonable in light of the aforementioned professional standard. It will also be important for me to prove that defendant acted with less care than what ...

Facts

This is a case of Byrne (P), an ordinary citizen walking in front of a flour shop which was under the ownership of Boadle (D) when a barrel containing some baking materials fell from the defendant’s window, directly hitting the plaintiff and making him sustain serious personal physical injuries. The plaintiff filed for charges against Boadle before the court under the grounds of negligence of duty.
There were several people who witnessed the incident which caused the plaintiff to sustain injuries, including some of the defendant’s flour shop employees. Aside from the obvious and legal medical services-backed evidences of ...

Answer 1)

Securities Exchange Commission and Commodity Futures Trading Commission have an important role to play in the US Economy. While the function and objetcivbe of SEC is to protect theinvestors by ensuring that all the public listed companies provide fair and accurate financial information through their mandatory SEC Filings every year. It also ensures order and efficiency in capital markets which facilitate capital formation in US economy. Thus, the approach of SEC, assure that the securities market in US Capital Market are fairly traded, which helps the investor to take high- risk gambles and allows them to make sound financial ...

Analysis of a Negligent Tort

Introduction
On December 13, 2014, the US Consumer Product Safety Commission (CPSC) posted information concerning a recall for UVEX bicycle helmets. According to the CPSC, the helmets, under the recall number 15-045, have been recalled by their German manufacturer UVEX Sports GmbH due to a risk of head injury. More specifically, the reason for the recall states that there is a problem with the helmets chinstrap which is used to secure the helmet to a riders head. The chinstrap can fail allowing the helmet to slip or fall off the rider’s head. The potential risks of this are that it may ...

Introduction

The purpose of this paper is to investigate the nature and circumstances under which secondary victims of traumatic incidents or victims of negligence can lay claim for compensation. This paper deals with a very important aspect of tort law which is negligently inflicted psychiatric injury. This is most common in victims of post traumatic stress disorder who witnessed an extremely traumatic incident. The paper also examines the liabilities which would follow from such a case, especially if the guilty person is employed in the service of the company i.e. employment liability.
Civil litigation involving tort law happens that when an ...

Essentials of a contract

A valid contract consists of a number of key elements without which a contract so formed is not a contract properly so called in the eyes of the law. The basic elements of a valid contract include the offer, acceptance, consideration, and intention to create legal relations, capacity of parties and legality of the subject matter of the contract.
An examination of the facts as outlined in this case reveals that the case turns on the basic elements of offer and acceptance. It must be proved that an offer was made which was subsequently accepted for a consideration in order to constitute a valid ...

The purpose of laws is to control and standardize human actions for the overall good of society. Laws typically aim at deterring the incidence of harm to other people while simultaneously protecting the liberties of individuals. Law teaches that health care professionals owe a duty of care to their patients, and, if they breach that duty such that people are either injured or die as a result of such a breach, the health care professionals will have to pay a penalty. These penalties include, among others, loss of license, incarceration and financial loss (Cameron & Gumbel, 2010). Various types of law directly affect different ...

A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Defences to the Tort of Negligence

Introduction
A tort is a deliberate or accidental wrongful act of a person known as a tortfeasor, which causes damage or injury to another person or property of another, and attracts a civil penalty. The act can be either negligent, assault, battery, trespass, liability of harmful products or emotional injury. Any person who has caused injury or damage may be sued in a court of law to compensate for the loss or damage. However, it is not automatic that when an individual has been sued, he/she must be penalized (Alexander and Alexander 2011). For a negligence action against an ...

The article 2 of the Human Rights Act of 1998 is a fundamental provision that is usually invoked to safeguard the right to life of individuals and that which imposes the legal obligation of contracting states to take appropriate steps not only in refraining from taking life intentionally, but also to take the appropriate steps to safeguard life. This provision has become the controversy in many cases involving human rights torts, by virtue of the section 6 of the Act that provides a statutory cause of action against the public authorities or bodies. In many occasions the article 2 ...

Tort reforms have been repeatedly argued in many medical malpractice cases. Tort reforms are regulations that make it difficult for average people to sue medical malpractitioners that assault, harm, or injure them (Doroshow, 2010). These laws were formulated by insurance companies, manufacturers of dangerous products, tobacco manufacturers, medical professionals, and other industries to help avert responsibility for their malice. The tort reform movement has enormous backings in the form of massive cash deposits into conservative “think-tanks”, polling and lobbying firms, and public relations organizations. They hurt consumers, patients, and other average individuals and are dangerous for the general population.
...

Identify and describe the different categorization of crimes? How are crimes different than torts?

The common categorization of crimes includes treason, felonies and misdemeanors . Treason, which is rare, is one’s act against the state threatening its sovereignty and integrity. Felonies are serious offenses like murder, manslaughter, rape, robbery, kidnapping, tax evasion etc. that attract several years of imprisonment and a heavy fine. Misdemeanors are less serious offenses, mostly punishable by fines or a brief stay in the jail. Some of the examples of misdemeanors include simple assault, gambling, prostitution etc. However, other simple offenses like traffic violations are not considered as misdemeanors and are generally considered as violations or infractions. Crimes can ...

In the Case of Dudley Lee v Minister for Correctional Services, the issue on causation and the unlimited liability of the state has been invoked in the arguments that led to the decision of the Constitutional Court to overturn the Supreme Court of Appeal ruling that discharges the respondent Minister for Correctional Services from tort liability. As can be gleaned from the facts of the case, plaintiff Lee was arrested for various charges that led to his detainment in prison for more than four years. He contracted pulmonary tuberculosis (TB) while confined in ...

According to the report "Child Maltreatment 2014" produced by the Administration on Children, Youth and Families (ACFY) within the U.S. Department of Health and Human Services the fundamental definition of child maltreatment is "any act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act, which present an imminent risk of serious harm" (8). As of today, in conformity with the rules and regulations of the majority of states, there are four basic types of child maltreatment, ...

A contract is a binding legal agreement between two parties that is made with the intention to create a legal relationship. Contracts in the English legal tradition are made by the exchange of consideration between the parties.

Fox v. Mountain West Electric, Inc., 137 Idaho 703 (2002)

In this case, Lockheed Martin had a building project which Fox and MWE decided to do jointly as a way of winning the bid to complete it. They created a document that acted as the scope of the work they were to complete and in the process, Fox worked under the supervision of a manager of MWE. There were changes in the terms of the building contract terms ...

Medication errors can have potentially serious consequences for patients and healthcare workers. For patients, they can lead to serious injuries, disability, and even death (Hashemi, 2007). For healthcare workers, they can lead to withdrawal of practicing licenses and other disciplinary actions. The indictment of three registered nurses for negligent homicide following the death of a newborn occasioned by a medication error in 1997 ushered in a chilling novel level of disciplinary action: criminal prosecution. This paper will discuss emerging issues related to an instance of medication error that resulted in criminal charges against the nurses who were involved. The incident involved three ...

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

DIVISION FOUR
189 Cal.App.4th 1155 (2010)
117 Cal. Rptr. 3d 126

MICHAEL HOWE,

Plaintiff and Appellant.
vs.

SEVEN FORTY TWO COMPANY, INC.,

Defendant and Respondent.
Facts
On the 26th June 2008, the Plaintiff/Appellant, Michael Howe, suffered injuries when he fell off the ground after sitting on a counter stool at a restaurant owned by the Defendant/Respondent. Each of the seven counter stools in the restaurant was fastened to a metal base that was fixed onto a raiser that was fastened to the ground. Ever chair was fastened onto the metal base using three wood screws. The screws to the chair that the Plaintiff sat on ...

There is a growing area of concern between the rights of patients and the often necessary practical needs of the students in the medical field. The debate has majorly focused on whether patient’s rights are infringed when a case of negligence or misdiagnosis has happened in a medical facility that has been set up to cater for the needs of the patients and to horn the skills of medical students. Cases of medical malpractice have been on the rise which has led to fatalities and other unplanned costs (Lim, pg. 6). There have been a number of cases whereby patients have lost ...

The well-known Finnerty case involved a registered nurse going by the name of Ellen Hughes Finnerty and the Board of Registered Nursing. Finnerty made a petition to the board requiring it to withdraw its disciplinary decision for incompetence and gross negligence. The reprimanding was connected to an incident in which the nurse failed to act according to the orders of a resident physician. The order was to immediately intubate a patient in his room. Instead, Finnerty moved the patient to the ICU then performed the intubation. The court found this an incompetent and grossly negligent act and denied her the petition based on ...

Business Law

Business Law
The subject of the essay is the rescission of the contract due to misrepresentation of Elvis Eggplant to induce Mr. Manfredi to buy the café from Happy Hippie Pty Ltd. The fraudulent scheme employed by Elvis led Mr. Manfredi to believe that the café was a profitable business to induce him to buy it.

Issue in the case:

The issue in this particular case is whether or not Mr. Manfredi can rescind the contract that was obtained by material false representation by Mr. Elvis Eggplant. Elvis misrepresented the past and future profitability of the vegetarian café by inflated at least 60 ...

Contracts are agreements that two or more parties get into with a motive of honoring the terms stipulate. Contracts can either be written, oral or perceived. Contract law ensures that parties involved in any contract conduct themselves in the acceptable as any misrepresentation would arise to making the contract voidable and illegal. Breach of the contract could also result to fines by the courts of law.
Skyline contractors Inc. v. Spokane Housing Authority

Statement of facts:

The skyline contractors were the appellant in this case while Spokane Housing Authority was the respondent. Skyline contacted had been contracted by the Spoken Housing Authority. ...

Sole proprietorship is the most common form of business where one person performs all the functions required to form a successful business. The business owner carries the responsibility for all the liabilities and said to be self-employed. When two or more people decide and start a business together, they form a business partnership. This partnership may be general partnership or limited partnership. In the general partnership, the partners carry equal aspects of the business including the liabilities of the partnership. Unlike sole proprietorship, partnership may have an unlimited number of partners responsible in the ownership of the company.
Sole proprietors have ...

Definition of negligence

Negligence refers to the situation whereby a person fails to behave prudently towards another through actions or omissions that may result to inflicting unreasonable harm to that other person (Cornell University Law School, 2010). The essential elements of negligence include; 1) duty- this is the obligation that a person has with respect to another person, 2) breach- it is the conduct that results in failure to fulfill the duty, 3) cause in fact- this refers to ascertaining whether the actions of the defendant are actually responsible for the damage to the plaintiff, 4) proximate cause- this is the scope to which ...

Introduction

The US federal law declares the purpose of this Act as to protect the US maritime commerce. The Act restricts the transportation of goods from and to US ports. The Act thus facilitates the growth of US foreign commerce in addition to US boarder defense. It further has a stipulation that the use has the need to ensure that it owns enough vessels to accommodate its bigger portion of marine commerce in addition to serving as naval and military supplementary in cases of emergencies and war. The Act dictates this transfer of maritime goods within US ports other than its ...

Compare and Contrast the Characters of Faustus and Frankenstein

Christopher Marlowe’s Doctor Faustus and Mary Shelley’s Frankenstein are stories that delve deep into the quest of an individual in acquiring transcendental knowledge. While Faustus decides to get on with the pact with Lucifer to fulfill his thirst for attaining paramount abilities beyond the realm of conventional knowledge, Victor aims to stretch the boundaries of his scientific discovery beyond the scope of credulity. Both succeed in their ambitions, but are left with remorse and misfortune. They fail to reverse the rule of the world and fall victims in the brutal hands of inevitability and fate. The literary ...

Summary.

The allegations brought forward by Jones against Joe were that Joe never undertook his assigned work, took long to complete any work and was not cautious on maintenance procedures. This displayed disrespect and lack of ethics, in Joe’s part, as per the stipulated laws of McLaughlin Pharmaceuticals. Jones knew well that most of the allegations that Joe had reportedly brought forward in regard to the conduct of the management lacked proper basis. He knew that Joe was negligent on his duties and was worried about the increasing WCB costs, which he was answerable for since that was his ...

20-8: A Question of Ethics New Orleans Paddlewheels, Inc. (NOP), is a Louisiana corporation formed in 1982, when James Smith, Sr., and Warren Reuther were its only shareholders, with each holding 50 percent of the stock. NOP is part of a sprawling enterprise of tourism and hospitality companies in New Orleans. The positions on the board of each company were split equally between the Smith and Reuther families. At Smith’s request, his son James Smith, Jr. (JES), became involved in the businesses. In 1999, NOP’s board elected JES as president, in charge of day-to-day operations, and Reuther as chief ...

FDA

Audit Process, Management software speeds up the audit process by providing the necessary information 483 Notice of Failed Audit, Management software helps provide the additional information needed if a company fails an Audit In the event of a failed Audit the FDA can force a company to stop production of a product, After compliance is achieved management software helps provide the information needed to restart production of a product The FDA can also force a company shut down all operations.

Management software helps provide the information needed to resume operations post shut down Product Recall
Management software helps insure CAPA (Corrective Action Preventative Action), ...

Introduction

In many organizations, improper rewarding methods are used which end up not achieving their intended objectives. A good rewarding method should ensure that the consequences of the rewards are achieved for the benefits of the whole organization. This paper analyses how rewards can be used to obtain the intended results.

Improper use of rewards

As the author of this article argues, many times reward systems that are used in different organizations end up rewarding the wrong people who were not supposed to be rewarded in the first place (Kerr, 1995). The intention of any effective reward system is to reward those staffs, learners ...

Introduction

Medical malpractice, which is also termed as medical negligence, is the failure of a medical professional to meet the customary of good medical practice in the turf in which the medical professionals practices. Medical malpractice comes about when a health-care giver, be it a doctor, hospital, HMO, nurse, or persons licensed to give medical care or treatment and does something that any proficient doctors would not have done, or fails to do what a competent doctor would have done, ensuing in personal injury or wrongful death.
The Medical malpractice law is complicated and therefore it is essential to engage an experienced malpractice ...