The tort of negligence in this scenario includes the five essential elements of negligence, duty, breach of duty, the breach being the cause of injury, proximate, and the resulting damages (Lucas, 2008). In a case of negligence the individual or company may be held liable not only with negligence but sometimes with trespass, injury, and even mental or emotional harm (Lucas, 2008). However, the law requires these elements are proven in order to recover in a law suit against a torfeasor for negligence (Melvin,…
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages.…
Walker, W. (1910). American Law of Real Estate Agency. New York: W.H. Anderson Co Publishers…
5. Given their limited budget, can Pierre and Maya afford an attorney? Can they afford not to get one?…
ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection…
The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts will use the standard of a ‘reasonable person’ when it comes to this question. Specifically, this means that the judge or jury must view the facts of the situation and decide what a reasonable person would have done in a similar situation. If this reasonable person would have acted differently than the defendant, it’s likely that it will be found that the duty was breached. Causation is the most complicated element of negligence. It means that the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of the duty of care. This element has confused even the most respected legal minds over time, and its proof should not be taken lightly. Last, a plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It is not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care (FindLaw 2012). These damages can be actual costs such as medical expenses and lost income or intangible costs such as pain and suffering or loss of companionship.…
Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm.…
To be guilty of negligence, a defendant in a lawsuit must breach that duty of care, and the breach of duty must be the cause of harm to the plaintiff.…
Issue: The defendant Ruth owed a duty of care by her actions to protect the plaintiff Jim from harm. In the fact that she did not exercise this duty, she then breached this duty. The breaching of this duty of care resulted in the actual causation of the facts that led to the plaintiffs Jim's injuries.…
1. How can a manager build employee trust? Choose 1 answer A. Identify only very general job skill changes B. Provide employees information on industry growth potential from innovation C. Provide very general change information D. Identify and be negative about the change with employees E. Provide specific job loss and change information 2. A change vision must be developed and clearly conveyed to all members of the firm. What aspect of the change vision should management communicate to employees? A. Nonsupportive management views B. Vague images of the proposed organizational structure C. How the employees will be affected by the change D. A summary of major rumors regarding the change 3. What are the four types of strategic change? A. Capital, process, cost cutting, cultural B. Cost cutting, process, capital, structural C. Cost cutting, process, structural, social D. Structural, cost cutting, process, cultural 4. What level of political action has broad long-term strategic impact? A. Network B. Individual C. Department D. Coalition 5. Surprise and fear of the unknown are reasons people resist change. How might this reaction manifest itself through employee behavior? A. They become more productive in response to warnings. B. They display less fear of the unknown. C. They create rumors to fill the void created by lack of official announcements. D. They become increasingly comfortable with the routine. 6. What two recommendations should a manager consider in implementing an organizational change? A. Ensure the organization is ready and involve mid-level managers. B. Ensure the organization is ready and implement the change quickly.…
The petition will specify a deadline by which the course work must be completed. The…
You work for Tract and Co, Licensed Conveyancers of High Street, Northtown, Cornwall. You have an appointment with a new client, Miss Helen Troy.…
“Gray areas” in the law make it difficult to predict how the court will rule…
5. (p. 323) Job analysis is a systematic procedure to determine the relative worth of various jobs. FALSE…
Negligence may be broadly defined as the failure to exercise reasonable care to avoid injuring their property. The situation of each case is how the definition of reasonable care is concluded. Most of the time negligence is linked directly to carelessness. The four factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is breached by the tortfeasor, there is causation of injury, and damages to the victim of the injury. The first element of negligence is the obligation to obey the law by acting responsibly in order to avoid injuring others. An example of the duty…