What are some defenses to tort claims, such as assumption of risk?
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What are some defenses to tort claims, such as assumption of risk?
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- 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?How does the concept of constructive bailment arise and what are its implications in legal cases?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?
- 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?The torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.To successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?
- Tort Law is based on the idea that everyone in society has certain rights. It is therefore incumbent on all members of society to respect the rights of others”. The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the Tort Law. This 2 cases below came after Donaghue v Stevenson . please give full details on these case and how they established the law on negligence. with necessary citation Anns v Merton London Borough Council (1978): Caparo Industries plc v Dickman (1990):How did the court evaluate the Prewitt v Numismatic Funding Corporation case?At what age do you feel a minor should have a voice in their medical care? What if the minor’s consent to treatment is different from the parent’s? As a healthcare provider what should or can you do in this situation to protect the best interest of your patient? Explain and support your answer.