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Case studies of vicarious liability
Case studies of vicarious liability
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More handpicked essays just for you.
Case studies of vicarious liability
Case studies of vicarious liability
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Recommended: Case studies of vicarious liability
“The defendant is liable only if the product is defective when it leaves his hands. There must be something wrong with the goods. If they are reasonably safe and the buyer’s mishandling of the goods causes the harm, there is no
The test for cause in fact is whether the alleged negligence was a substantial factor in bring about the injury and without such injury the harm would not have occurred. “Substantial” means that the defendant’s conduct has such an effect in producing the harm as to lead the reasonable person to regard it as the
The cause between a human act and the harm suffered has to be the direct intention of the defendant. The circumstance here shows that Swaffords action were intent on the murder of his 2 coworkers. This falls under harm as well. Harm must be caused to a legally protected value, in this case the lives of Zotter, and Cooley.
During this incident, Garcia was overseeing Dossey’s performance and monitoring his actions. This monitoring of an officer who is already off of training can be tightly controlled or loosely overseen depending on the circumstances. In this case, Garcia advised that Dossey was doing well and he wanted to give him some freedom to accomplish his tasks. This is evident by Garcia outlining that Dossey did well doing on this incident and he gave Dossey a good evaluation for the
You can drive it wherever you want whenever you want and end out where you was to be, somewhere safe(18). This relates by changing or running to another place to shot to defend our people. Men dodging bullet would get hit and that is a reason some of them got injured or killed trying to help other wounded soldiers. Also the father only allows Krebs to drive the car only at night and that factor shows how you were never aloud to let your guard down while in battle or war(18). His father gives him the car at night, because Krebs father and mother are worried about
Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to
Dick from In Cold Blood maintained that he was less guilty and did not deserve the death penalty. In stating this, Dick was not correct that he was less guilty. There are justifiable proofs that diminish his chances of being less guilty. These proofs are found within the book and can be represented through his demeanors and actions prior to and after the night. Richard Eugene Hickock (Dick) in In Cold Blood is just as guilty as Perry in that he had clearly displayed his intent for killing the Clutter family.
However, in law, the intervention of a supervening event renders Dave from its liability for May’s death as it is foreseeable that someone will pass by and help May to the hospital at that point of time but it was not foreseeable to a reasonable person that May would end up at the baech. However, there is a break of chain when Sam fell over twice because May was too heavy for Sam as a passenger and worsen her injuries and also it might be because of the pain that the injured ankle of May that kept her fidgeting on the ride. Therefore, Dave will not be liable for May’s death. On the other hand, Sam, who left May alone at the beach to find help and did not came back afterwards, did not know that the PSI could hit 600 that night but it was somehow foreseeable as before it hits 600 at hazardous level, there is a chance that the PSI could increase. But in general, extraordinary weather conditions are deemed an unforeseeable intervening cause.
Angela would be able to sue Mario for the unintentional tort negligence. Mario was negligent because he unintentionally caused injury to Angela’s home in a situation where he was aware his actions could cause damage to the renovations going on in her home at the time. In order for Mario to be found negligent, Angela must prove three factors: duty of care, standard of care, and cause-in-fact. Duty of care is the obligation to avoid careless actions that could cause harm to one or more persons. Mario can be proved guilty of duty of care because he had answered a phone call on the job, which influenced him to leave because of an emergency without closing the water pipes and leaving them open.
3d 4 (2012), it states that the elements of a prima facie case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Browning’s actions were examples of extreme and outrageous conduct with the intent of causing emotional distress as they directly called La Pierre names and followed her for blocks. The doctors have diagnosed LaPierre with severe trauma after the incident which meets the second element, and finally, La Pierre would not have suffered any trauma if it were not for Browning inflicting severe emotional distress towards her which means his conduct is the actual and proximate cause of her
Teresa's case was submitted to the jury on the counts alleging breach of contract, negligence and wantonness, and the tort of outrage. The jury returned a verdict against Akins and in favor of both plaintiffs. The jury assessed compensatory damages at $450,000 and punitive damages at $150,000, for a total of $600,000 in Megan's case; in Teresa's case, the jury assessed compensatory damages of $200,000 and punitive damages of $150,000, for a total of $350,000.”
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Finally, in the fifth count of her complaint, Ellina states a claim for intentional infliction of emotional distress (“IIED”). “[T]o impose liability for intentional infliction of emotional distress: (1) The conduct must be intentional or reckless; (2) The conduct must be extreme and outrageous; (3) There must be a causal connection between the wrongful conduct and the emotional distress; (4) The emotional distress must be severe.” Harris v. Jones, 281 Md. 560, 566 (1977). Critically, the intent requirement of the tort requires the tortfeasor to have acted intentionally or recklessly. Indeed, in her complaint, Ellina alleges that Gil “intentionally and/or recklessly engaged in conduct . . .”
I believe that there were two philosophical duties in place on top of another in this situation, Patrick has to choose which one he wants to act on. The duty of a police officer and the duty of a person can be two completely different aspects in a persons life which makes this analysis even more interesting and debatable. The topic forces you to question your own view points and moral actions that you do on an everyday basis. Overall, Immanuel Kant’s view points on duty and moral law can be seen obviously in the film Gone Baby Gone and gives an effective example of two different philosophical duties for
Man VS Man, and Man VS Self are the two main examples of conflict that Cody had gone through in the book I WAS HERE by Gayle Forman. When Cody noticed that Meg was somehow related to the guy named Bradford Smith. She started to dig deep into him. She went over Meg's computer; emails, encrypted folder, and 'Final Solution boards' to get information about him. It took her more than a month to do the research on him, with one of the Meg's roommates, Harry Kang's support.