Define Negligence.
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Define Negligence.
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- Facts: Mr. Johnson owns a 600-acre woodlot in Ohio. The trees in his woodlot are old-growth hardwood and much in demand by woodcarvers. When he gets an order for wood, he cuts down the appropriate trees and trims them to the woodcarver's specifications. The woodcarver requesting the wood will make the arrangements for picking up the wood. Recently Mr. Johnson took on an apprentice, who after a year of learning the craft will leave and may or may not go into the same business. The apprentice is a computer geek desirous of a change of pace and lifestyle and works for free since he had made a substantial amount in the stock market. Recently Mr. Johnson's friend came to visit and suggested that he is subject to OSHA. Question to be Answered: Is Mr. Johnson's business subject to OSHA law and regulations concerning the apprentice?Robert Robinson operates a bakery shop situated on a sharp bend in the road. A delivery truck failed to take the bend and badly damages the front of the bakery shop. Robert is undecided whether to restore the front of the bakery shop to its original condition at a cost of $25,000 or to spend $45,000 rebuilding the front of the bakery shop so that it has a much more modern appearance. Required: With reference to case law and legislation, advise Robert of the tax implications of: a) Restoring the front of the bakery shop to its original condition; and b) Rebuilding the front of the bakery shopDr. Susan Rice asks Bruce Goldman, CMA (AAMA), to instruct patient Dottie Tate in the use of a walker to prevent further falls at home. Dottie is silent as Dr. Rice leaves the examination room and Bruce proceeds to set the walker correctly. However, when Dottie sees that Bruce must once again put Dottie in a gait belt for her protection—the belt was used earlier in the examination to assess Dottie’s ability to ambulate—the patient gets feisty. She is visibly tired and ready to go home. “I’ll learn to use the walker if I have to, but I won’t wear that belt. It makes me feel like a baby. And it’s such a bother. Who wants to go through all that? We just don’t need it.” Answer the following questions, which are also found in the Reflection Activity for Chapter 32 of the textbook: What is the best action of the medical assistant? What is the best therapeutic response of the medical assistant? Could the situation have been avoided? If so, how? If not, why not?
- Skip and Jack are the shareholders of the Blue Fish Event Corporation. Skip and Jack regularly put on classy events on or near the beach, so they have a special insurance policy to protect their assets. Business has been slow as fewer large beach weddings are taking place, so Skip and Jack use a large fan to blow down and damage most of their décor assets, some of which were personal assets of Skip and Jack, to collect the insurance benefits. (a) Assuming their acts are proven, will a court allow Skip and Jack to recover the insurance money? (b) Is this a situation where the corporate veil may be pierced? Why or why not? (c) What would it mean for Skip and Jack if the corporate veil is pierced in this situation?What is the legal definition of Minor Breach and Material Breach? What are the legal ramifications of both? May the non-breaching party rescind the contract with either breach.Mike's Landscaping Inc. enters into an oral contract with the Padres to keep the infield in top condition for the next five years. Six months into the contract the Padres fire Mike. What will happen in a breach of contract suit filed by Mike? Mike will lose because the contract was not in writing Mike will win because he was never late and his work was first rate. O The Padres will lose Mike will win and be awarded the profit he would have made had the contract been performed.
- Sara has a cute cuddly black bear cub. While letting the cub sit in the neighbor kid's lap, the playful cub accidentally scratches the kid's face requiring stitches. Sara is probably: Question 10 options: A) not liable, assumption of the risk. B) liable, strict liability. C) liable, she was clearly negligent. D) not liable, the kid consented to hold the cub.What types of offenses constitute the intent of recklessness?In what circumstances does the law impose liability on a person who is not at fault? How can liability without fault be justified? explain in essay type