Tort Liabilities Nursing homes have the potential to have tort liabilities if the problems are not corrected if harm should occur. A nursing home is a busy place and with different people coming and going throughout the day. A nursing home is a high demand for care of residents. Nursing home staff should be knowledgeable about the resident’s quality of care and should be licensed to perform the care that is given. Possible Tort Liability: Resident that wanders. These residents are
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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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watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would be vicariously liable for Dales actions. b) The causes of action taken on Dale are the tort of false imprisonment‚ the tort of assault and battery‚ and negligence. If the customer‚ Bob
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Running Head: Strict Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil‚ it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability‚ especially product liability is well known in tort law‚ of course criminal law and the
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3. Principles on which vicarious liability is based The doctrine of vicarious liability is based on principles which can be summed up in the following two maxims : (a) Qui facit per alium facit per se :- The maxim means‚ ‘he who acts through another is deemed in deemed in law as doing it himself’. The master’s responsibility for the servant’s act had also its origins in this principle. The reasoning is that a person who puts another in his place to do a class of acts in his absence‚ necessarily
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The issue is whether the defendant Sykt Jebat can be held liable for the damages suffered by the plaintiffs‚ Sam‚ Jojo and Lan under the law of Occupiers’ Liability. Occupiers’ liability concerns injury caused to a plaintiff as a result of defective condition of the land‚ building and premises. In order to establish occupiers’ liability‚ the occupier must have a sufficient degree of control over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient
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Contracts‚ Torts and Product Liability Name Institution Chapters 6 and 7 of John McAdams book are on contracts‚ business torts‚ and product liability respectively. In order to understand these chapters fully‚ I will provide an appropriate case and the court’s ruling due to the influence of factors discussed in these two chapters. Before I discuss this case‚ an introduction on the keywords in these chapters in relation to business law is necessary. A contract is a binding legal
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Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele‚ vicarious liability is defined as an employer being found liable for the tort of his or her employee‚ provided that tort is sufficiently connected with the individual’s employment. On the face of it‚ this definition seems straightforward and clear‚ however you only need to look at the plethora
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LECTURE: VICARIOUS LIABILITY LIABILITY FOR INDEPENDENT CONTRACTORS A person hiring an independent contractor may be liable for the negligence of the independent contractor in carrying out extra-hazardous or dangerous operations where the activities were exceptionally dangerous whatever precautions were taken. Honeywill & Stein-v-Larkin Brothers [1934] 1 KB 191 Balfour-v-Barty-King [1957] 1 QB 496‚ [1957] 1 All ER 156 Biffa-v-Maschinenfabrik Ernste Hese [2008] EWCA Civ 1257‚ [2009] 3 WLR 324
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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