Choose three of the following types of damages to fully explain and provide an example of each of the two chosen damages. (Compensatory damages, incidental damages, consequential damages, nominal damages, liquidated damages, punitive damages, or specific performance.)
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- Explain What are the key elements required to establish a claim in tort law?In employment establishments, an employee may be different from an independent contractor. By reference to case law, explain the tests used by courts to distinguish an employee from an independent contractor.is essentially a shortcut for negligence. Instead of having to prove all of the normal elements, a plaintiff would simply have to show that the injury was caused by something in the defendant's exclusive control, the injury generally only occurs in negligence, and the plaintiff was not the cause.
- Please list and describe the 3 types of torts.Why do facts matter when it comes to warranties either implied or expressed?Which of the following is correct regarding comparative negligence? Comparative negligence is also known as contributory negligence. The harsh rule of comparative negligence is offset by the doctrine of contributory negligence. It increases the plaintiff's damage award by the percentage that the plaintiff contributed to her own harm (due to the plaintiff's own negligence). The plaintiff's contributory negligence does not necessarily bar her recovery of damages from the defendant. It bars the plaintiff from recovery if the plaintiff's own fault contributed to her injury
- 2) Punitive Damages: Regardless of whether you feel the case was an appropriate one for strict liability, was the McDonald's coffee case an appropriate case for the award of punitive damages? Look over the requirements for punitive damages and assess whether the jury award was appropriate in this case. Why or why not?Discuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?Discuss, In arbitration, what is the standard of proof in a discharge case?
- Becky Fenton has 25/60/10 automobile insurance coverage. If two other people are awarded $33,000 each for injuries in an auto accident in which Becky was judged at fault, how much of this judgment would the insurance cover?Five Factors that can affect claims handling competency are; Changes in the claims environment, changes in job responsibilities, attrition of knowledge over time, limited insurer resources, and communication with represented claimants. True FalseSamantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes. Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.