handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep closed. Should he suffer a calamity - such as a heart attack - his hand would loosen and the switch would open‚ stopping the train automatically. The aim of the dead man’s handle was to protect the passengers‚ even in the worst possible case. A dead man’s switch (or dead man’s handle) is a device
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prison. Jim would like to argue that he did not knowingly drink enough to make him intoxicated. However‚ the Judge instructs the jury that it is irrelevant whether Jim knew the liquid was vodka because driving while intoxicated is a strict liability offense. Jim’s attorney contends that if the statute‚ which imposes a severe punishment without proving any mens rea on the defendant’s part‚ is a strict –liability statute‚ it would be unconstitutional. ISSUE The issue in this case is whether Michigan Vehicle
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“The Rule in Rylands v. Fletcher remains a tort of strict liability. The statement posed to us above is quite contentious‚ a statement which attracts diverse views from a number of different jurisdictions. The main question to consider here is whether the rule in Rylands v. Fletcher remains an independent tort of strict liability or whether there has been a move towards negligence and nuisance in recent years. There is a great emphasis placed on the rule of Rylands v. Fletcher for law students‚
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Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
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Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering (S) Pte Ltd v Defence
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Negligence Paper Elizabeth Ruelas HCS 478 January 10‚ 2012 Shawishi T. Haynes Negligence Paper Negligence‚ gross negligence‚ and malpractice are terms that healthcare professionals fear being involved in. We have healthcare laws and policies that guide each healthcare practice. In today’s litigious society‚ we see healthcare lawsuits that are wrongfully filled‚ some that are not valid‚ and some unjustly settled cases. Yet there are some situations where a lawsuit should have definitely
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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Tort Liability and Contract Liability A tort is a legal term for "a wrong." The "tort law" is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them‚ whether it’s a drunk driver‚ a corporation that manufactures a defective product‚ a credit card company that overcharges you‚ or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a school’s
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Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician
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Discuss whether the introduction of maximum prices by a government would solve the problem of scarcity. Introduction Maximum price is the highest possible cost of a good or a service that is legally allowed. While an unregulated market usually does not have a maximum price besides what consumers are willing to pay‚ during certain times‚ the government would step in to assert some price control so that consumers within the country will not be affected that badly by inflation. (BusinessDictionary
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