Essays on Negligence

The expectations of health care providers include possessing knowledge of legal issues related to the profession. They have to be aware of any potential legal claims against them in the course of undertaking their professional duties and responsibilities (Guido, 2010). In some instances, filing of such legal claims is dome without their knowledge of liability, especially when the patients believe that certain responsibilities were not carried out efficiently. Most of the cases filed against nurses involve negligence, malpractice and, gross negligence (Guido, 2010). However, problems arise from the inability of nurses to differentiate between negligence, gross negligence, and malpractice. ...

Introduction

Negligent tort refers to the harm caused by a person to another due to the failure to act reasonably towards a person to whom a duty of care is owed. Negligent torts are among the most prevalent types of torts. It is however important to note that negligent torts are not caused by deliberate acts (Owen, 2007). This kind of tort originate when a person or an entity fails to act reasonably leading to personal harm on a person or persons to whom the person or entity owes a duty to. Negligent acts lead to personal injury to an individual or individuals and in other ...

- Using examples of relevant case law, distinguished between the following types of contract. - Bilateral a and Unilateral contracts Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

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 ...

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 ...

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 ...

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 ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...

Explain Whether Anybody In The Scenario Below May Have A Claim In The Tort Of Negligence

“Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” Per Alderson B. and Blyth V (1856). In order to establish an understanding with regards to negligence it is very necessary to examine with clarity that whether the defendant is truly careless or ignorant when it comes to performing his duties. And at the same time did ...

The Career and Technical Education or CTE covers variety of subject areas that are designed for the students to prepare them for lifetime careers; the courses are formerly referred to as occupational education. The current documents and regulations of the State Education Department legislative language use all the CTE terminologies. However, the federal legislation and documents continue to position this curriculum as a vocational education. The Commissioner Regulations defined CTE as a kindergarten throughout adult area of study including precise academic contents that closely aligned in career and technical subjects. In grades nine to twelve, Career and Technical Education consists of ...

Final Essay: Meditation and Conflict Management

When legal researcher Erin Brockovich blew the whistle on California utility company PG&E in the early 1990s, the subsequent tortfeasor lawsuit Anderson vs. PG&E, resulting in a $333 million landmark settlement to the plaintiffs in 1993, established a new baseline for damages in respect to environmental violations by a corporation (Girardi & Keese). Analysis of the legal representation of 650 residents in the City of Hinkley, California, by Brockovich’s employer, by law firm Girardi and Keese expiates the limitations of mediation and conflict management leading up to litigation of gross negligence cases. The case alleging defendant corporation, PG&E’s contamination of ...

Introduction

Negligence refers to the act of perfuming an activity that can not be done by any reasonable person or doing the reverse to cause pain to another person. This is definitely a violation of one’s right and hence a legal action should be taken for such a person (McDonald, B., 2007). As a branch of civil law called tort, a case may qualify to be regarded as negligence if an incident involves more than just careless conduct, and involves a combination of the concepts of duty and breach of a well established law. These are some of the grounds upon which a case can be based ...

Knarles and Barkley Case Study

Liabilities under Contract Law Chetum vs Knarles & Barkley Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998). Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

Tort laws refers to laws that offer solutions to persons injured or harmed by unreasonable actions by those around them, There are two types of torts, intentional torts and negligence torts (Feinman,2010). Intentional torts are torts whereby a person committing the offence has the intention to do it while in negligence torts, the acts leading to the injury are not always intentional or expected. Negligence torts can be avoided if proper care is exercised.

In Bobby’s case, it was a negligent tort case because most of the parties involved caused the injuries out of carelessness and negligence without the ...

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 ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity. For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff. Slander ...

Introduction

This essay aims to discuss certain aspects about the increasing trend of rapidly growing Sexually Transmitted Disease (STD) among the US’s major foreigner community Latino. The matter becomes serious when specifically we look at the population of this community in the Los Angeles (LA) county, of the California (CA) State. It has around 4.9 million Latino-based population. The Latino population includes 48.3 percent of total in LA and 38.4 of total in California. They also comprise of 21.6 percent of total firms in LA and 16.5 percent of total firms in the California. They are owned either by ...

In the clash that made cars driven by Deb and second by Abe, plaintiff suffered head injuries, quickly followed by suffering a serious knees injury because of the car driven by Anne. Upon arrival at the hospital, the doctor said to the injured that he had to have an operation or his legs must be amputated. Knowing the risk damaged was certainly accepted surgery. Although it has been unsuccessful, although damaged lost both legs, he had to endure a lot of pain, which are created( it was later determined) by incorrectly specialist, who left a piece of metal that to accrete with ...

Introduction

With respect to law of torts, any action carried out intentionally and that results in causing either physical or emotional injury to another person qualifies as an intentional tort. On the other hand, negligence tort entails causing harm or injury to a third party as a result of personal carelessness. According to Arthur and Barner (2007), civil law requires that every individual conduct his or her activities in a manner that induces no harm to surrounding persons. In this context, the need to conduct one’s affairs in a safe manner constitutes the element of duty. Failure to act safely and within expected ...

Uniroyal Goodrich Tire Co. v. Martinez Briefly explain the opinion. Which of Martinez's claims were successful and which were not? Why (what was the court's legal explanation)? In this case, Martinez brought forward three claims.First, he claimed strict product liability based on defective design of the tire. Martinez also claimed negligence and gross negligence. In their ruling, the jury found that the defective design of the tire contributed towards the Martinez injuries. The jury did not find Ford and Budd guilty of producing defective rims; however, the jury argued that Goodrich was not only guilty of ...

Black’s Dictionary (1990) defines gross negligence as the intentional failure to manifest or perform a duty in a reckless manner, with a lot of disregards to the underlying consequences as effects to another party. It is a situation in which the actor intentionally plans and/or fails to do an act that is his duty to another. Such act can lead to a bodily harm. In a recap of events that unfolded hence calling for this case, one of my participants who is the plaintiff in this case, Mr. Edison Derwood had been injured during a training session. A medical report upon examination reveals that the ...

Business Contract Law: the case of Choc Delux and Kim

1. Law of Tort The Law of Tort is considered to be an important aspect as far as consideration for legal and statutory implications are concerned (Schwartz, 2003). The Law of Tort is regarded to be a source of legal references in case any of the parties to a business contract is affected by the wrongful actions of the other (Fleming, 2005). In the case of a situation whereby an individual, group of individuals, are affected by the action of another individual, group of individuals or an organisation, the stipulations of the Law of Tort help in provision of a remedy ...

Instruction

Respondeat superior can be explained as the doctrine that affirms the responsibility of an employer over the employee. In particular, the doctrine states that a master is liable for torts committed by the servants in the course of their service (Pozgar, 2012). Pozgar (2012) elaborates that; respondeat superior dose not purge random negligence doctrine and neither is it exculpatory. As such, the employer remains predisposed to any negligence of its own that can be easily proved without respondeat superior doctrine being involved i.e. negligence in supervision or hiring. Correspondingly, the employee remains liable to the victim of the tort to ...

Criminal law

In the case U.S. v. Edward Hanousek, Jr., Hanousek is convicted for negligently discharging dangerous quantities of oil into a navigable water way exposing the public to health risks. He however appeals claiming that ordinary negligence should not be interpreted as criminal negligence. The court only had to decide whether Hanousek conduct could be termed as dangerous and whether he acted negligently whether or not it was ordinary or criminal negligence. The court ruled that Hanousek was guilty of discharging a harmful amount of oil into a navigable water way with due negligence. Subsequently, the court gave Hanousek a sentence of six ...

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 ...

Critically assess the current legal position of auditors in the UK and Ireland. Analyse the impact the current situation has on the competitiveness of the audit market and discuss some of the methods available to auditors to reduce their exposure to expensive litigation.

Introduction

Auditors are liable for both criminal and civil offenses. Criminal offenses arise when the auditors violate a government-imposed law. It will be a dispute between the State and the auditor. On the other hand, civil offences dispute are always between the individuals and /or organizations. The last two decades have seen the large 4 auditing companies settling the ...

Business Sample Analysis

Business Sample Analysis 1.) Monty can file a tort case for medical malpractice against Dr. Bones. Medical malpractice falls under the concept of tort law due to the professional negligence wherein a physician, through his act or omission performed a treatment on a patient that is below the accepted standard of practice in medical community that resulted to injury or death of the patient. In simple terms, medical malpractice means medical error on the part of health care providers. Cross & Miller (2010, p. 132) argued that the basis of tort law was originated from the British concept wherein torts are considered ...

Jim was driving back to home. There was road construction going on. The rocks were blasted by mines for the construction of a road. When Jim was crossing the road at that time a rock due to blast came down and hit his car. Suddenly Jim’s car dropped in the trench. Jim heard a loud voice. Initially, he did not understand what happened to him as he was half unconscious. When he came into proper senses, he found himself in a hospital. Although he did not meet any serious injuries but there some wounds on his forehead and his hands. But the ...

Introduction

Provision of excellent health care services should be the key objective for any professional health practitioner. According to health policies and regulations, health care practitioners are required or expected to act within the Hippocratic Oath as stipulated by the governing policies and principles. One of the core principles or standard which a health practitioner is expected to uphold is to ensure maximum life protection is offered or created to the involved clients. Lack of meeting or adhering to such principles can be termed to be negligence of one’s duty. Consequently, the aftermath associated with negligence of duty can be ...

In the case of Nova Mink v Trans Canada Airlines , the High Court ruled that airplanes that are governed by the Air Traffic Rules which are ruled by competent authority shall be subject to common law duties of care, unless otherwise excluded by legislation that expressly provides for an exclusion. This is regardless of the fact that they cover a wider range of mobility, both in vertical and horizontal settings. In the case of aeroplanes, they cannot be analogous to railways since the latter is excused when operating in accordance with statutory rules including accidents which occurred in level crossings ...

The collision between Davis and Esposito which resulted to an injury is referred to as the tort of negligence. The collision led to physical harm to Esposito and left her with a permanent physical impairment. This was after she was knocked down to the ground, an action that was unintentional and yet the incident could be predicted. Under the tenets of the tort of negligence, Davis is accountable for negligence and needs to provide remedies for the injuries sustained by Esposito.

A close examination of the circumstances of this case reveals that there were three basic elements which indicate that ...

The primary difference between a motion for summary judgment and a motion for judgment as a matter of law at the close of the evidence is:

In considering the summary judgment record, what attitude should the court adopt in evaluating the materials offered?

Smith sues Jones for negligence and assault resulting from a car accident, where Jones hit Smith with his car as Smith was crossing the street. The case goes to trial and both issues are fully litigated. The court finds for Smith on the negligence issue, but does not rule in the assault issue. Collateral estoppel will bar Smith from relitigating the assault issue in a second lawsuit because both issues arose from the same incident, and because both ...

Lack of knowledge and negligence on the part of surgeons are the predominant factors for patients’ post-surgical trauma. However, a lawsuit against medical malpractice is one of the most difficult to win, let alone file, because of a multitude of agreements between the medical boards and practitioners. Signed agreements between the surgeon and the patient also determine the grounds for liability. The identification and description of liability theories for medical malpractice that apply may not necessarily be set in stone. To provide a strong and alleged case, the patient requires the following:

Violation of the standard of care

Compensable injury suffered by patient, and Identification of a proximate cause. When ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction. Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning: Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

Law

The Injury Case of Bobby

Next is the school itself, the accident happened in school and at any given time the school should exercise safety and when students enters the school premises, the school is automatically responsible for the student’s safety no matter if it’s during recess of during the class. Although, many debates surrounding the applied principles of playground liability when no apparent school personnel are present during the accident, the school still plays a part on the case. There are several things to consider in order establishing involvement of the school in the incident. Since the case file already mentioned ...

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 ...

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

A sentinel event involves the occurrence of an unexpected event that may involve death, a serious physical/psychological harm or a big risk thereof. A serious injury in this case may involve a loss of an organ such as limb, hand or a particular function. A sentinel event may also involve severe temporary injury that may require intervention to sustain life. Such events are referred to as sentinel because their occurrence calls for a quick response as well as investigation. A wrong sight surgery (WSS) is one of the sentinel events in healthcare. A wrong site surgery refers to a surgery procedure that is carried ...

Value Based Purchasing – Surgical Site Infection

Abstract Value based purchasing is fast becoming popular among the US medical service providers. As value based purchasing provides incentives for better quality delivery, it seems that in the long run, the overall quality of service will go up. The majority of this improvement will happen in the areas of preventive measures. Hospital acquired condition is something that can be significantly reduced by the implementation of the benchmark preventive measure system. Surgical site infection (SSI) is one of the major contributors to HAC, accounting for a substantial number of illnesses, hundreds of thousands of death cases, and billions of ...

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 ...

Medical profession has a broad spectrum of ethical and legal issues at a broader organizational level as well as at an individual level. While it is an individual who actually delivers the services, it is because of the brand that a patient goes in. Hence, it is logical to extend the responsibility of omissions and commissions from the individual caregiver to the organization also.

Negligence has serious connotations in any profession, but more so in the medical profession. A simple injection administered through the wrong route (for example, an IV (intra-venous) injection administered as an IM (intra-muscular) injection could result in severe ...

Let me start by briefly stating what the case is all about. In the case, Hussein, an owner of an apparently very attractive car, has been offered 4000 USD by Interjeet in exchange of his car. In other words, Interjeet wanted to buy Hussein’s car. Considering the average prices of automotive vehicles today, it would seem that 4000 USD is a steeply low price. As expected, Hussein did not give any word about Interjeet’s offer and has kept himself mum. He thought and felt that his car is worth more than what Interjeet has offered. Hussein did not ...

Wrongful Death

Wrongful death is a legal term used to describe the death of a human being due to the negligence or misconduct of another individual, company or entity. A suit for wrongful death can only be brought by members of the immediate family, usually the spouse, child, or parent of the deceased. Every state has its own civil statutes that dictate the procedures for a suit of wrongful death. Actions for personal injury, conscious pain and suffering, or expenses related to the decedent's death, may be appended to an action for wrongful death.

Elements of a Lawsuit for Wrongful Death

The particular circumstances surrounding the death of a human being ...

Business and Organizational Security Management

Business and Organizational Security Management

Any business and organizational security manager can attest and confirm; contracts are an extensive part of protective services. Services being provided by contract firms are increasingly diversifying into areas like scheduling and training, risk assessment, attendance, and time, the use of contracts will continue to regulate the provision of protective services. Contracts refer to agreements between two or more parties with regards to performance of a particular act and legally binding or enforceable. For these agreements to result to a contract, they must not be an invitation to negotiate or mere offers. Contracts are legally binding ...

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 ...

Molly Micro

Molly Micro can initiate civil proceedings against Air Transport Limited and Launchpad McQuack in both torts and contracts. Molly Micro can sue for breach of contract by Air transport Limited as Air Transport Limited did not fulfil its duty to deliver the equipment to its intended destination without damage. For the tort of negligence, she can sue both the Company and the pilot as they did not undertake a standard duty of care in handling the equipment. The company is liable for fraud as it misrepresented itself as an experienced and qualified transporter with several awards yet that was not ...

Introduction

The recent expansion of healthcare ethics to evidence based research practice aims to address patient safety issues surrounding medical treatment an intervention. The “nature, behaviour and consequences of patient safety incidents and their surrounding circumstances” are a longstanding concern, and one which has the potential to cost healthcare institutions exceptional levels of expenditure in medical malpractice damages. The World Health Organization (WHO) policy outlined in Ethical Issues in Patient Safety: Interpreting Existing Guidance covers the framework to ethical practice in medicine (WHO, 2013). Research inquires directed at resolving ethical challenges in contemporary policy and procedure (i.e. informed consent), inform ...

Negligence has been defined by Restatement (Second) of Torts as conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. However, before examining the elements that constitute the tort of negligence, a personal experience I once encountered will best posit the situation. After a long day in the office, I rushed to my nearby favorite restaurant that I usually frequent and ordered a cold bottle of soda. Owing to the exhaustion and thirst I was experiencing, I gobbled it up nearly emptying the contents of the bottle. However, as I placed the ...

Introduction

While there are many forms of business as far as the law is concerned, all types of organizations have un9ique advantages and demerits. Apparently, the advantages and disadvantages are rooted in the legal capacity of a business. The common types of businesses available are sole proprietorship, corporation, Limited Liability Company, partnerships and the unlimited liability companies. Fundamentally the primary differences among all these forms are rooted in the liability status of the business in relation to the owners and providers of long-term finance (Emerson, 2009). Notably, unlimited liability means that the liabilities of the owners are limited to the extent ...

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. ...

1. Define the term law and describe the three sources from which law is derived Law is a system of principles and processes by which people handle disputes and problems with the aim of settling them. In other words, laws are rules of conduct that government enforces and if these are violated, it imposes penalties to violators. There are two kinds of law: public law (which deals with the relationships between individuals and government) and private law (which deals with relationships among individuals).

The three sources of law are:

Common law refers to a body of principles stemming from judicial decisions which in turn arise from ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Position statement4

Misrepresentation of facts.4 Negligence.5 Corporate Decision-making...6

Summary

General Motors Company deals with automotive, in most cases, vehicles. The management was aware of the problems with the ignition switch which could force cars to shut suddenly down, disabling their steering. In practice, this could bring about an action on strict liability against the company by the consumers. According to the law, the producer incurs strict liability whenever there arise safety ramifications which the producer is aware of. In this case, it is apparent that General Motors is aware of the defects and the harm they could cause to the ...

Law:

How Rules Affect Us Introduction There are numerous laws in our society, different sets of rules and regulations that measure and govern relationships between people, their states and their environment in its totality. Laws are significant as they protect our privacy, properties, relationships, businesses, assets and economies. Some of these laws revolve around offering equal opportunities for all. Some are more concerned with contracts and others on torts just to mention some. All these cover a wide variety of issues that define our daily encounters, the contract law for instance places an emphasis on a wide range of agreements ...

Law

Introduction A Good Samaritan Statute is a state law which instructs that those individuals who offer emergency services or rescue another person who is in peril cannot be sued for negligence, unless they acted in a reckless manner, which results to further harm to the victim (Miller and Jentz, 2010). There are several states that have established their own statutes that set the duties and responsibilities as part of the Good Samaritan Statutes. The law provides that any person who has been given voluntary assistance by another cannot turn around and sue “The Good Samaritan” for the negligence (Miller and ...

Firstname Lastname

1. Differentiate between criminal law and civil law as related to the practicing medical assistant. Provide a real world example of each in relationship to working in a medical administrative or clinical environment.

Law is generally divided into two subcategories: criminal law and civil law.

Criminal law: Criminal law applies to scenarios where a felony or misdemeanor has occurred. Felony refers to a serious punishable act (such as murder, abuse, arson, etc) committed by an individual. Misdemeanor refers to a less serious punishable offense, which does not require imprisonment, but rather rehabilitation and fine. For a medical assistant, criminal law would apply when he/she fails to follow her duty due to negligence and causes harm to the ...

Alan versus Chicago O’hare Airport

It is the duty of the management of the airport to make sure that the airport is free from objects that may cause harm to any person within the airport, including the passengers. For the case of Alan, he was late for his flight and decided to rush knowing that the airport was free from any hazards that could cause him any harm. This prompted him to run without being keen on where he was stepping. Unfortunately, he stepped on a banana peel, fell and got injured. The O’Hare Chicago airport management was negligent by not clearing the banana ...

The varied scope of applications, inconsistency and complexity of current legislation relating to exemption clauses in Contracts has caused much consternation. This paper examines such issues encountered in the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) which should be addressed by future legislation. It has become apparent that three significant issues should be addressed: accessibility (ensuring concepts are easily understood); the scope of legislation; and limitation of negligence (adequacy of terminology).

For coherence, this paper is organized in the following manner: first, an examination of accessibility relating to the abovementioned ...

Undeniably, educational policy has been reshaped by lawmakers lately. A good number of school employees are conscious of the growing lawsuit and legislation. However, most administrators and teachers misapprehend the essential legal impressions which are mostly applicable in educational queries. Therefore, there are not sure of the legality of decisions they make in managing their schools. The major aim of this easy will be identification and summarizing articles that tackles ethical and legal insinuations for classroom management linked to the responsibilities and rights teachers, students, as well as parents.

To begin with, is an article that was written by ...