Preview

Commericial Law

Good Essays
Open Document
Open Document
1606 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Commericial Law
I. Factors relevant to Establishing the required standards vd;gjpy; mbg;gilapy; vjpuhsp rk;ge;jkpy;yhj tplag;gug;Gf;fs;> vjpuhsp rhh;e;jpUf;fpd;w tplag;gug;Gf;fs; kPjhd epyikfs; mtjhdpg;gpw;F cs;shfpd;wd. ,j;jifa elj;ijapid jPh;khdpf;fty;y fhuzpfs; ajhh;j;jj;jpy; xd;wpj;jpUg;gjpy;iy. vdNt ,e;epfo;Tfspd; mbg;gilapy; Negligence – duty of care- Breach of duty of care vd;gtw;iw ePjpkd;Wfs; case to case jw;Jzptpd;gb epfo;Tfspd; kPjhd mtjhdpg;Gfs; %yk; jPh;khdpf;fpd;wd. cjhuzkhf Lord Machmillan fUJtJ Nghy ftdj;juhjuk; vd;gJ jdpj;Nj defendant himself fUjpajhdjy;y. khwhf A man of ordinary prudence A man using ordinary care & skills, A Hypothetical man vd;gjhfTk; mbg;gilapy; Personal equators ,y;yhJ nra;JtpLtJld; idiosyncrasies of the particular person whose conduct in question vd;gjpy; Rje;jpukhdJkhd mZFKiwf;Fk; toptFf;fpd;wJ.
,Ue;j NghjpYk; vj;jifa epiyikfspy; ftdk; vLf;Fk; epiyg;ghL> Kd;dwpT cs;sjhff; fUjg;gLfpd;wJ vd;gJ Intelligent, Knowledge, Skills vd;fpd;w cstpay; rhh; “Personality” tplag;gug;Gf;Fs; nrd;WtpLtJld; ,e;j Personality issue “Standard” vd;fpd;w Subjective cld; Nrh;e;J tUfpd;wNghJ xNu khjphpahd epfo;TfSf;Fk; NtWkhjphpahd jPh;g;Gf;fis toq;fNtz;ba eph;ge;jq;fSf;Fs; ePjpkd;Wfs; tplg;gLfpd;wd. ,Ug;gpDk; ,j;jifa epiyikfs; Mgj;jhd tpisTfSf;F Jiz NghfhjJk; ghjpf;fg;gl;lth;fSf;fhd ghpfhuq;fs; fpilf;fr; nra;aTkhd elgbKiwfspid jkJ epahahjpf;f tuk;Gf;Fs; epd;W milaNt Kaw;rpf;fpd;wd vd;gJ tof;Ffspy; toq;fg;gl;l jPh;g;Gf;fs; %yk; mDkhdpf;ff;$bajhfTs;sik tuNtw;fj;jf;fNj.
II. mj;Jld; (iw;Fk; Nkyjpfkhf) the likelihood of harm vd;gJTk; duty of care vd;gJTk; vjpuhspapd; elj;ij (defendant conduct) epfo;T Fwpj;j Kd;dwpT vd;gJTk; nghWg;Gilik jPq;fpay; epthuzj;ij jPh;khdpf;Fk; tplag;gug;Gf;fshf Nehf;fg;gLfpd;wd. ,q;F reasonable man skilled/professional vd;fpd;w Nkyjpf tFg;ghq;FfSf;Fs;shfTk; itj;J Nehf;fg;gLtD}lhf Standard of care vd;gJ eph;zak; nra;ag;gLfpd;wJ. Reasonable man test vd;gJ tpNrlkhf defendant d; epiyia (children, disable, elder) riskd; degree I

You May Also Find These Documents Helpful

  • Good Essays

    14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention. Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Case Name: Traine Smith, Appellant v. Friends Hospital, Dewight Magwood, Benjamin Messina, Ronald Potter, Robert Anthony and Dewayne Thomas, Appellees…

    • 688 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Law Case Study 2

    • 771 Words
    • 3 Pages

    Facts: On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated in Jefferson County ("the property") to Waldrop and Marguerite, jointly with a right of survivorship, and that Waldrop had subsequently fraudulently induced Marguerite to transfer her interest in the property to Waldrop. James and Marguerite requested that the court set aside the deed executed by James transferring the property to Marguerite and Waldrop and requested "other, further or different relief as may be just and proper"; they also demanded a trial by jury. Waldrop answered the complaint on January 26, 2006. Marguerite subsequently died, and James, as the executor of her estate, was substituted as a plaintiff.…

    • 771 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Superior Court Case Study

    • 8217 Words
    • 33 Pages

    Carey v. Lovett, 132 N.J. 44, 64, 622 A.2d 1279, 1289 (1993); Rempfer, supra, 4 N.J. at 141, 72 A.2d at…

    • 8217 Words
    • 33 Pages
    Good Essays
  • Better Essays

    Hs101 Unit 2 Case Study

    • 882 Words
    • 4 Pages

    1. Define “standard of care.” How would appropriate “standard of care” be determined in this case?…

    • 882 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    ON 09/23/15, A MILLCREEK TOWNSHIP POLICE OFFICER WAS DISPATCHED TO THE 4100 BLOCK OF WEST RIDGE ROAD FOR AN INTOXICATED FEMALE HOLDING AN INFANT. UPON ARRIVAL, THE OFFICER LOCATED THE DEFENDANT LYING IN THE GROUND HOLDING HER DAUGHTER, P.E.R. (D.O.B.: 07/16/14, AGE: 1 YEAR). . THE DEFENDANT INFORMED THE OFFICER THAT SHE WAS WAITING FOR HER OTHER DAUGHTER, C.L., TO BE DROPPED OFF BY THE SCHOOL BUS. THE OFFICER NOTICED THE DEFENDANT EXHIBITED SYMPTOMS OF INTOXICATION, AND A PBT REVEALED ALCHOL WAS PRESENT. THE OFFICER’S INVESTIGATION DETERMINED THAT THE DEFENDANT HAD DROPPED HER VICTIM/DAUGHTER, P.E.R., TO THE GROUND CAUSING INJURY (A LUMP WAS ON THE VICTIM’S HEAD). BOTH THE DEFENDANT AND P.E.R. WERE TRANSPORTED TO UPMC HAMOT FOR TREATMENT. MEDICAL RECORDS REVEAL THAT THE DEFENDANT’S BAC WAS .347% AT THE TIME OF…

    • 169 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    One very important issue in this case and many civil lawsuits is negligence. Negligence is when there is a failure to use reasonable care which results in injury or damage to another. It also asks who is responsible for one’s injury. In this case, Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence, T & J must be guilty of five elements: duty of due care, breach, factual cause, proximate cause, and damages.…

    • 605 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Monico, E., Kulkarni, R., & Calise, A. (2013). The Criminal Prosecution of Medical Negligence. Retrieved from http://www.ispub.com/IJLHE/5/1/5237…

    • 1496 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Legal Law Firm

    • 1350 Words
    • 6 Pages

    2) The defendant knew or should have known the condition posed an unreasonable risk of death or serious bodily harm;…

    • 1350 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Medical Law and Ethics

    • 664 Words
    • 3 Pages

    This assignment is being submitted on August 19, 2012, for Carol Taylor’s M230 Medical Law and Ethics course.…

    • 664 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Anatomical Snuff Box

    • 344 Words
    • 2 Pages

    In torts law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. From the scenario, Carl informed Denise about the pain he was feeling in his wrist and how it came about. She suspected that Carl might have suffered a scaphoid fracture and tested for this by palpating both 1) the area at the base of the palm of Carl’s right hand where his thumb meets the wrist joint (an area known as the scaphoid tubercle), and 2) an area on the back of his hand, in the thumb area, known as the ‘anatomical snuff box’. There are some debates, that is against and supports Denise’s test, in the medical profession as to…

    • 344 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Hippa Violation

    • 1563 Words
    • 7 Pages

    This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class.…

    • 1563 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Nursing Roles and Values

    • 2907 Words
    • 12 Pages

    “(9) The licensee has been guilty of immoral or unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to an ethical or quality standard of the profession. The ethical and quality standard of the profession are those embraced by the professional community in this Commonwealth. In proceedings based on this clause, actual injury to a patient or individual or group need not be established” (2007).…

    • 2907 Words
    • 12 Pages
    Better Essays
  • Powerful Essays

    Evaluating Teachers

    • 3164 Words
    • 13 Pages

    I write this letter to completely reassure you that we are taking the concerns you brought up with the utmost seriousness that they deserve. As a matter of fact, we have investigated the matter the last couple of days to ascertain the facts and events of what happened in Ms. Paulson’s Computer Technology Class on Monday during the third period. There were 27 students present that day alongside Ms. Paulson, and we have conducted interviews with some of them individually in order to get to the bottom of this issue. While it is certain that it was one of the students who momentarily put the pictures in question on the projector, it is also without a doubt our goal to never have to expose our students to any such material; and the adults in our staff certainly are expected to uphold their responsibility of keeping a safe environment for every child under our care, be it from harm of a physical or mental nature.…

    • 3164 Words
    • 13 Pages
    Powerful Essays