In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.
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In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.
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- 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. TrespassChris bought his son a new bicycle from his local bike shop. Less than a week later, the bicycle’s handlebar broke while the boy was riding. This caused the boy to fall on concrete and break several teeth that required surgery. Chris wants to sue the manufacturer for compensation but is told that the shop merely imported the bicycle - which was manufactured overseas. Required: Explain to Chris whether he is able to take legal action for a breach of the ACL. Refer to law.
- Answer pleasewhich 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.
- Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.Was Lake's death a foreseeable consequence of the air conditioner's failure to operate properly?The plaintiff, while dining at the defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. The plaintiff brings a cause of action. Should she prevail? Why?What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.
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