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
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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
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- T or F In the context of grievance procedures, the principle of just cause originally places the burden of proof on an employer.Explain What are the key elements required to establish a claim in tort law?Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?
- 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?
- 5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)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?Define Negligence.
- Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?PLS HELP ASAP4 see picture