hich of the following does not describe the concept of proximate cause in the tort of negligence? hoose all of the correct answers.) Could the plaintiff reasonably foresee the defendant would engage in this particular harmful conduct? Could the defendant reasonably foresee his conduct could lead to the injury suffered by the plaintiff? Could the defendant reasonably foresee he had a duty of the plaintiff? Could the plaintiff reasonably foresee the injury he suffered? Was the defendant the actual cause of plaintiff's injury?
Q: Choose three of the following types of damages to fully explain and provide an example of each of…
A: Damage refers to the money paid by the one party to another party. Promisee, sometime called as non…
Q: In 1992, Donna Smith telephoned Clark, the man- ager of Penbridge Farms, in response to an adver-…
A: The above case is about a person named DS who in 1992 called Penbridge Farms' manager C in response…
Q: Established duty of care Foreseeability 1. Duty of care Three-Fold Tests Neighbour Principle under…
A: The diagram is a flowchart outlining a specific process or set of steps. The image's labels and…
Q: What can be classified as a grievance?
A: Human Resource Management: Human resources management is the process of managing the human element…
Q: Criminal liability requires both a bad act (actus reus) and a guilty mind (mens rea). Group…
A: Criminal liability has four essential elements - There must exist an actus reus ( a bad act ).…
Q: In a negligence case, the plaintiff must establish a. duty, strict liability, causation, and injury.…
A: Negligence is a legal notion that occurs when someone fails to take due care in a specific scenario,…
Q: What is the diffeences between established duty of care and special standard? And what is the…
A: The question is asking for the differences between established duty of care and special standard,…
Q: Susan owns and operate a food processing factory in New Territories Hong Kong. Susan bought worker’s…
A: We can say that where a type of employer’s liability policy, it can be packaged with workers'…
Q: The. elements of an intentional tort are: Harm to another person or property and intent O Harm to…
A: The term tort is used to represent any kind of civil wrong that can result in some kind of harm or…
Q: A woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet…
A: In the context of negligence, a duty of care is a legal obligation imposed on an individual…
Q: What is a major difference between liability in contract and liability in tort, give an example.
A: Civil Law incorporates a set of laws & rules that assists in settling disputes which are…
Q: An individual who acts or aids in any manner in soliciting, negotiating or procuring the making of…
A: It is a legally binding contract between a person or institution (the policyholder) and a company…
Q: Assume that adulterating Magentum is a strict liability crime and a tort. Which of the following…
A: In legal contexts, strict liability crimes and torts involve offenses for which liability is imposed…
Q: Mr. James was running on a treadmill at the local at Average Joe's health club. Mr. James was…
A: A negligence claim emerges when an individual (the careless party) penetrates obligation of care…
Q: Which of the following is the most significant difference in the principal's liability for an…
A: The most significant difference in the principal's liability for an independent contractor versus…
Q: Please use the IRAC method to analyze the case. 1. A merchant ordered a shipment of leather…
A: Let's analyze the case using the IRAC method and then address the agency relationship question. 1.…
Q: You are served with Plaintiff's complaint. Plaintiff is suing you! You are furious. Should you…
A: Being sued can be a frightening and stressful experience. It is crucial to remember that you have…
Q: Under the Act, the duty of an employer ‘take every precaution reasonable in the circumstances for…
A: Note: Since you have asked multiple questions, we will answer the first question for you. If you…
Q: torts
A: A tort is any instance of harmful behaviour, such as physical assault on one's person, interference…
Q: Strict liability is the name of both a tort and a type of offence. Select one: True or False
A: Strict liability is indeed the name of both a tort and a type of offense. In the legal context,…
Q: Write a one-paragraph description of each of the following individuals and their circumstances. A…
A: Determining who needs to get property insurance and who shouldn't is challenging. It is crucial to…
Q: Discuss the concept of punitive damages. What is the purpose of this form of damages? Is it…
A: Punitive damages play a crucial role in the legal system by serving as a powerful tool to deter and…
Q: . How do courts differentiate between an employee and an independent contractor?
A: 1. Command and control of the work: The majority of the time, employees have less autonomy and are…
Q: What are the general characteristics of torts and principles of tort law? Explain the tort of…
A: A tort is an omission that results in injury to another party with liability imposition by the court…
Q: Identify the legal concept of negligence and discuss the elements necessary to establish a…
A: Please find the answer below.JURISDICTION :- Jurisdiction is the legal authority of a court or…
Q: Explain the concept of vicarious liability in business law and provide an example of a situation…
A: According to the law, even though the principle did not personally perform the act or have direct…
Q: Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into…
A: Involuntary intoxication defense is best apply to the given situation. Here, Elizabeth is might not…
Q: How can a person avoid a contract entered into under intoxication? Provide relevant case laws on the…
A: "The solution has been provided in a generalized manner."Intoxication can have significant…
Q: what is the diferences between duty of care and breach of duty?
A: The objective of the question is to understand the differences between the concepts of 'duty of…
Trending now
This is a popular solution!
Step by step
Solved in 3 steps
- Barbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…T or F In the context of grievance procedures, the principle of just cause originally places the burden of proof on an employer.Allan carelessly drops a log in the road, and he does not bother to remove it. After dark, Ben’s horse trips over the log and is seriously injured. The purpose of tort law is to compensate the victim for harm caused by the activity of other. Is Allan liable for the injuries caused by negligence? Please state your reasons, the context of old tort (strict liability) and modern tort.
- Explain What are the key elements required to establish a claim in tort law?How far does jurisdiction extend over the person in a judicial process?Carry out written work related to the topic of jurisdiction. Instructions:Answer the following questions:What is the basis for the existence of long arm statutes? What is sought to be protected by the theory of minimum contacts, when determining jurisdiction over the person in a judicial process? How is the plaintiff affected or benefited from long arm statutes and minimum contact theory? How is the defendant affected or benefited from the long arm statutes and the minimum contact theory?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.
- John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespasswhich of the following is not a tort: Conspiracy, deceit, inducing a breach of contract, injurious falsehood, passing off actionis 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.
- Case: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the casePlease list and describe the 3 types of torts.Intoxication may or may not be a defense to some crimes, discuss whether or not intoxication should be a valid defense. Keep in mind mens rea. Can an intoxicated person form the state of mind necessary to meet the requirement of intent? Does it matter whether a person is voluntarily intoxicated (as opposed to having his/her drink spiked or unknowingly drinking alcohol)?