Essay On Tort Law,TORT LAW Q&A SERIES
WebApr 18, · Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong WebDecent Essays The Tort Of Tort Law Words 6 Pages The Tort Of Tort Law Tort is defined as an act that is wrong, except for a breach of contract or trust in or an WebTort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that WebIn criminal law jurisdictions, tort laws occur as civil wrong and they deal with instances where an individual acts or behaves unfairly. This causes another person to suffer WebThe Tort Law Effect on Victims Essay Online for Free. The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims ... read more
Negligence requires elements for determining liability; include the plaintiff and the breach or dereliction. Strict liability has prominence in law especially in corporate and criminal laws, in addition to product liability. In tort laws, strict liability occurs as an imposition of liability without identifying fault such as tortuous intent and negligence. The claiming party only needs to prove that tort occurred and the defendant was responsible for the tort. Identify A Tort Violation From The Video. Then Use The 7-Step Process As Defined In The Harb Article To Apply The Risk Management Process To Mitigate The Business Risk Associated With That Violation.
In this case, a tort violation occurred because of breach of warranty. In addition, one of the operators of the equipment cut his finger as he tried to operate the equipment. Therefore, as a manager, I will use the seven-step process of risk management to mitigate the business risk associated with the violation. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies. The first element in successful enterprise risk management involves management commitment. This requires the establishment, development and maintenance of risk management frameworks. This promotes and reinforces the benefits of risk management to many organizations. The management should initialize communication, which is a crucial function in the ERM framework.
The company has the responsibility of communicating and reinforcing the roles of the ERM framework. The third element involves procedures and policies. The company should develop concise, easy and clear procedures and policies that people can comprehend easily. This requires a review of the risk management procedures, stratagems and measures for their appropriateness. The management should also institute processes and systems that facilitate an application of the of the ERM framework. The fourth element involves education and training, which occurs as investing in its workers and people. The company should conduct training in areas that facilitate risk identification. This requires a review of the profiles and provision of feedback to risk owners.
Additionally, the company should develop an effective and efficient framework with well-documented plans, policies and toolkits. This should align the main activities of the company and minimize duplication of function. Well-aligned activities help in the creation of interdependency in ERM. Thereafter, the company should practice or apply risk management. This will require regular risk assessment and facilitation of risk workshops. The final process in risk management involves ongoing monitoring and review of risk management. This involves reviewing all the components of the ERM framework, which requires assurance of ERM processes and systems. This also requires assurance of monitoring and reporting of risks and independent testing of controls.
Professor Of Law Nancy Kubasek States That It Appears As If A Breach Of Warranty Occurred. As A Business Manager, What Criterion Would You Consider In Determining If This Is An Appropriate Situation To Involve Legal Counsel? In case individuals are harmed by using unsafe products, they can use the Cause of Action against the owners of the product. In addition, they can also use the Cause of Action against people who manufactured, designed and sold the product. Liability litigation can be instituted in this case in order to facilitate consumer protection. In this case, the warranty was broken because the goods did not meet the specifications in the warranty.
The goods did not have the expected standards and conditions, which could harm the user. In this case, I would consider risk management in determining the appropriateness of the situation Harb, In order to manage the situation, it is essential to contract a legal counsel to take care of any legal proceedings from this situation. The legal jurisdiction has provisions for express warranties, which guarantees compensation in case a seller makes false impressions about a product. Tort laws occur as civil wrong laws that deal with unfair actions or behaviors towards individuals.
It is hard to argue with the legitimacy of that consideration. Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances. The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers.
Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…. In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services.
If Grace breaches, Eddie would be seeking his lost profit from the sale of…. Halbert, T. Unintentional Torts In order to get a good understanding of unintentional torts, it is important to first understand the term tort. The term tort is a French word whose English equivalent is the term wrong. It has also been considered to be a derivative of the Latin word tortum which can be loosely translated as twisted or crooked or wrong Best, Arthur, and Barnes, 2. It therefore means that a wrong or crooked conduct can be considered to be a tort. For a period of time the use of the term tort in day-to-day speech was common, however, the current use is more confined to the legal system Calnan, Alan. Thus the brief definition of this term in the legal language is 'a wrong whose remedy will be provided for by the law', this remedy is usually in many forms but more often has monetary value.
The entire development process…. Best, Arthur, and Barnes. Calnan, Alan. This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury.
If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…. Amponsah, P. Libel Law, Political Criticism, and Defamation of Public Figures: The. United States, Europe, and Australia. New York: LFB Scholarly Publishing. Bailey, R. Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury.
Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions. Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected. tort case, I will refer to Matsuyama v Birnbaum, which is a tort case involving wrongful death, with healthcare defendants. This is an interesting case because malpractice suits of various types are one of the causes cited by casual observers as being contributory factors in the high cost of health care in the United States.
This case relates to standard of care, wherein the medical practitioner was accused of not delivering an acceptable standard of care, and that this failure was the cause of the deceased's passing. At issue in this case was the use of medical experts to determine whether the physician in the case met the acceptable standard of care. Such standards are used as benchmarks in tort cases involving malpractice, so determining what the acceptable standard of care is a critical issue in any such case. The methodology by which that standard is established was one of…. Jayasankar, S. Loss of chance in medical liability. American Academy of Orthopaedic Surgeons. Environmental Protection Agency EPA filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum EPA, The Department of Justice DOJ , acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance.
In , 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs DOJ, Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. DOJ U. Department of Justice. Retrieved 16 Nov. EPA U. Environmental Protection Agency. sues Hooker Chemical at Niagara Falls, New York. Lercher, Aaron. Is anyone to blame for pollution? Environmental Ethics, 26, Regional Institute.
Policy Brief: Thirty years from Love Canal. Agency Law What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor? Under contract law, the employer is referred to as the principal and the employee is referred to as the agent. Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. Community for Creative Non-Violence v. Reid, v. Independent contractors typically control their own schedules and progress on a work assignment.
Identify, define and discuss the categories of…. The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law. Case Study 1 Part B At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from hrs. Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty.
They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…. Hall, J. General Principles of Criminal Law 2nd ed. Indianapolis: Bobbs-Merrill. Markesinis, B. Tort Law 4th ed. Oxford: Clarendon Press. usiness Law The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases. Paul Price is clearly concerned about the Tefal Actifry.
Explain to Paul Price about his rights regarding the Sale of Goods Act amended. In your answers you are required to refer to the relevant sections of the Sale of Goods Act SOGA and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause. The Sale of Goods Act is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
Sale of Goods Act nd The National Archives. Defective Products Consumer Issues. Panatol Corporation v. Emerson Electric Company No. Larson, Aaron Defective Products Law. Mar In response to economic concerns and a continual…. Tort of Negligence with regards to business law. The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the sources of distrust of law. Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would. The standard that is used to determine if an individual is guilty of the offense of negligence is by asking ourselves whether a careful person would have done the same.
In most cases it is often an issue of whether or not there was an act of negligence or conversely whether or not there was compliance or conformity of one's act to those of a reasonable man Negligence-As a Matter of Law or a Question of…. Armstrong, K. Distrust of the Health Care System and Self-Reported Health in the United States. Journal of General Internal Medicine, 21 4 , Harris, C. Professional Negligence: When Practice Goes Wrong. The Annals of Pharmacotherapy, 40 7 , Legislative News, Studies and Analysis -- National Conference of State Legislatures. Negligence-As a Matter of Law or a Question of Fact -Contributory Negligence of Customers. Indiana Law Journal, 10 6.
At-Will Employment The at-will doctrine has its negatives and its positives. The positive for the at-will employee is that it puts no contractual obligation between employee and employer. Either is free to quit the relationship at any time: the employee may quit, or the employer may fire the employee without notice or having to supply a reason. Of course, like with any rule there are exceptions; for instance, any employer cannot fire an employee for reasons of race, creed, ethnicity, etc. And recent interpretations of the National Labor Relations Act by the National Labor Relations Board have essentially seen to it that employers may not fire employees because of criticisms made by the employee of the workplace via social media Riddle, ; Cavico, Mujtaba, Muffler, Samuel, The negative side of the at-will doctrine is that it can impair or limit employer-employee relationships.
It inspires little loyalty in the sense…. Leflar's Analysis Of Medical Malpractice eform Leflar analyzes how medical malpractice reform is affecting the health care industry in his medical ethics study entitled "Medical Malpractice eform Measures and Their Effects. Leflar also assesses the current state of reforms already in place, such as damage caps, and that they ineffective at achieving the aims sought by medical malpractice reformers. Leflar suggests that more attention should be given to reforms which concentrate on no-fault systems, safe harbor laws, patient comp funds, early offers, etc.
Leflar notes how malpractice law stems from the tort law and that the earliest laws…. Leflar, R. Medical Malpractice Reform Measures and Their Effects. torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law.
An intentional Tort An intentional tort is a civil wrong that is said to be conducted by an offender who did the act intentionally leading to damage of another person or party. This may include torts like striking a person in a car, which may be termed as a battery tort Allen, Negligence Tort Negligence tort is a civil wrong involving a person engaging in a civil offense due to negligence. In many cases, it involves a person engaging in a careless act that led to…. Allen, D. The Evolution of Criminal Law and Police during the Pre-modern. Journal of Law, Economics, and Organization, v. Dempsey, F. An Introduction to Policing. London: Cengage Learning, Lloyd, L. Tort Reform Necessary? There is no doubt that America is a litigious society. It is a right built into the U.
Constitutional that citizens can bring litigation against a person or entity when real or imagined harm has been done. Justice should be within reach of all Americans in that sense. But is there a point where too many lawsuits are launched over issues that are seemingly petty? And are there institutions that need protection from litigation? These issues will be addressed in this paper. Tort Reform is necessary: Dr. Jeffrey R. Cornwall writes in The Christian Science Monitor that small businesses are "…the most impacted by liability costs," and in fact he believes the current economic recovery in the United States cannot reach fruition without tort reform at some level Cornwall, , p.
Cornwall cites a recent study by the U. Chamber Institute for Legal Reform ILR ,…. Cornwall, Jeffrey R. Why tort reform is necessary for economic recovery. The Christian. Science Monitor. Roser, Mary Ann. New Study: Tort reform has not reduced health care costs in Texas. Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," Question B hat defenses may be available to BUG? BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a car accident, making it the fault of the driver or robber, not BUG's inability to protect the employee of the vendor company.
However, even if a car accident occurs "while the employee was driving from his office to a client's site," on a professional matter, the employer will likely be liable for the accident, thus BUG's legal fate does not look salutory. Tort Liability Basics: Strict, Vicarious, and Joint Liability," orks Cited Tort Liability Basics: Strict, Vicarious,…. Tort Liability Basics: Strict, Vicarious, and Joint Liability. A related case of Toxic Torts occurred in East Anglia, where chemicals from a factory seeped into a dam Barcelona Field Studies Centre, The best risk management method is prevention. While Alumina's current situation is somewhat dire, the company can learn from its mistakes and attempt to prevent the same thing from occurring in the future.
One measure that can be taken in this regard is to fully assess the current situation in terms of the amount of danger caused, the amount of people affected, and the mitigation measures necessary to eliminate the health risk. A cost analysis should also be conducted to quantify the financial risk, especially in the future. The risk of public image can be mitigated by taking the option of settlement via arbitration or mediation. Alumina's guilt and wrongdoing cannot be denied. Being subjected to a court battle that will probably be lost is…. Barcelona Field Studies Centre. Donana National Park: Causes and Effects of Toxic Waste Pollution.
Landlin, David C. Current Trends in Toxic Tort Litigation. Risks Management Magazine. trade libel is fair to business owners. Argue both sides of the issue. From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell the plaintiff had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities.
Instead, they should have detained the person and contacted the police. Statsky, Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…. Cheesman, H. The Legal Environment of Business. New York, NY: Pearson. McHugh, P. Product Liability for Negligence. Out Law. out- law. Kapoor G. Business Law Including Company Law. Chapter 1 his book, in the isolated chapter 1 discusses the elaborate meaning of a contract and what makes up a legally binding contract. It discusses the elements of a contract in the context of sales and gives examples of what an offer in a contract is and acceptance which are two essential parts of a contract. he chapter further discusses the potentiality of having further obligations in a contract that may not have their origins in the agreement and may not be contractual in nature, like torts or civil wrongs, but could still be enforceable in a court of law.
he chapter further highlights using examples and case studies how cases of contractual agreements can be solved. he chapter further discuses one by one the essential element of a valid contract and alongside each element the author gives easy to understand…. The article discusses the rules that govern the delivery in a contact of sale of goods. The article highlights the various legal aspects that surround delivery of goods such as the place of delivery, the time of delivery of goods, attornment, delivery of wrong quantity, delivery in installments as well as delivery to a carrier. The article stands relevant to the case study since there were issue that implicated the delivery of the goods from Chile to Miami through a courier or shipping company.
The article helps in understanding the obligations that the seller, the buyer and the shipping company have concerning the delivery of the wine consignment. Johnson E. Torts: Cases and Context. This chapter of the book looks at the law of torts, highlighting the existence of an injury at work and the different situations that can be considered as a situation at workplace. It also discusses the issue of calibrating damages at workplace. The writer further highlights the economic losses that can emanate from injuries at work and the emotional anguish and emotional distress. The chapter is relevant to the case study since it helps in the discussion of the injury that the Sunshine State Movers employee sustained while at his official work.
During this Diaspora, the African Slave Trade transferred million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc. Part 1. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation.
Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law. Conceptually, civil law is a group…. Trenton School The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…. Superior Court In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law.
To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced. Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV The time of the hearing took place at AM…. Engram vs. JP Morgan Chase. Vehicle Repossession Laws in Arizona. E How. APA Format. Have you lived next door to each other the entire time you have known one….
In fact, nearly every claim that is set in civil court except for contractual disputes is under…. Tort Law and Trident Diving Company An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving…. The other waiter caused a tort…. The school should be considered liable from the standpoint of not…. In addition the paper will investigate the potential effects of…. Austalian Tot Law on Wilkinson v Downton Talk about whethe o not the tigge of action in Wilkinson v Downton povides a viable emedy to victims of intentionally inflicted….
Tort Law One recent case of medical malpractice settled under tort law was that of Larkin v Dedham Medical Associates, which was concluded in in Norfolk Superior Court…. Negligence is the most often cause for violations of tort…. The tort law reforms proposed at the national public liability summit in were described in a letter read into the record as being "a sensible mechanism for ensuring…. Tort In common law, a tort is a civic wrong that causes a plaintiff to suffer harm or loss which results in legal liability for the individual defendant who…. I found this topic very interesting since it is more interested in compensating…. Introduction Because of the digital age and the possibilities it has introduced, digital forensics is now….
In the United States, it is a contentious political issue with strong feelings on both…. In this injury toward another, one of the parties can sue the other for…. Claudio did not have to let them in since they lacked the proper warrants State Immigration Department acted without warrants Without obtaining the requisite warrants, they had come into…. he zoo is…. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior…. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different…. These include: negligent and strict liability…. The harm may be done through…. The Court however, in absence of any special relationship between Burger King and Iannelli does use the Walls case to highlight….
Torts There are two separate negligence causes of action, one cause of action from the customer who ingested the glass, and the other cause of action can be brought…. Other law makers, however, believe that such suits are excessive and can prevent companies…. The school was examined from the point-of-view of structural anomalies that could…. economy and more people are starting their own ventures today than ever…. Corporate law:…. And consideration is some…. As a general rule, however, any offense involving the…. Criminal Law Goals The American justice system differentiates between civil tort and criminal law, with the most significant distinction being that the state generally has the authority….
Employers are not…. In that regard, any credible evidence such as a…. The term tort is a French word whose…. A number of changes have also been made to the…. Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which […]. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting harmso as to succeed in a bid tobe compensated in a negligence case. The case of Donoghue v.
Stevenson [] lays the foundations of the fault […]. Last Friday early morning he was driving in Galle Road in 90 per mile speed and at Bambalapitiya junction he lost his control ran over the pedestrian who was killed spontaneously. The Government Medical Officer found that he was not under the liquor influence at the time of the accident. Contrast liability in tort with contractual liability Tort: A tort is a legal term which describes a civil wrong that can be redressed by awarding damages. The term describes violation where one person causes damage to other person. When there is a breach of duty of care done unintentionally, it causes tort of negligence. Accidents can be an example of Negligent Torts. When there is a breach of duty of care done intentionally to harm the other person it causes […].
In order to advise Freddy Hobart Ltd, one would have to explore the rules of vicarious liability of an employer and case law which may apply. Vicarious liability arises where there is a relationship between the tortfeasor and the party who becomes vicariously liable which justifies giving the latter responsibility for the acts of the former[1]. The courts have shown a preference for specific pollution legislation, such as the Environmental Protection Act , and have shown minimal support for attempts to develop the common law as a means for […]. Laborers are very prone to injuries at work. The harm can be inconsiderable or very severe, depending on the overall complexity of your case. If the damages are work-related, they may require extensive medical treatment.
In some cases, the procedure will involve extended periods off work. Unfortunately, the compensation process is very complicated; thus, frustrating very many victims. Does the Rule in Rylands v Fletcher still have any useful role to play in the 21st Century? To define specifically what a field of law encompasses, be it tort or any of the other fields that the law branches into, can tend to be rather difficult.
Paper Types. You are free to use it as an inspiration or a source for your own work. In criminal law jurisdictions, tort laws occur as civil wrong and they deal with instances where an individual acts or behaves unfairly. This causes another person to suffer harm or losses. Though torts do not occur as legal acts, they lead to harm. Most legal jurisdictions allow the harmed person to recover their losses. Any person claiming to have suffered harm or losses after litigating can claim tort. Torts laws also differ from equity, where the petitioner complains for a violation of right. Delicts occur as equivalents of torts. In addition, torts can be considered as personal injury or civil action.
Identify Potential Tort Risks Addressed In The Video. Classify The Type of Each of These Torts, For example Negligence And Strict Liability. People who have suffered these acts can receive compensation for damages. These compensations are usually in monetary form. Tort laws crucially define legal injury and determine the eligibility of an individual to receive compensation for the injury. They also include violations of property, privacy and constitutional rights. Therefore, tort laws comprise auto accidents, defamation, false imprisonment and product liability. Usually, negligence occurs as a prominent tort liability. Tort laws allow compensation in case the injured person can prove that the person causing the injury acted negligently. This person should show that the other person acted without reasonable care to avoid injuring other people.
Tort laws recognize intentional torts, where an individual acted intentionally to hurt others. Quasi-tort or strict liability allows recovery following certain circumstances, which do not require proof of negligence. Potential tort risks in this case can be classified as strict liabilities and negligence. For instance, the products used this case did not achieve the standards specified in the express warranty. The people at the firm used these products for more than a year and they read the manuals. However, they could figure out the manner of using the product. Additionally, the products led to injury to the user. Negligence occurs as a failure to exercise care in different circumstances. This area of tort leads to harm and injury because of carelessness, which differs from intentionally harm.
Negligence depends on the presence of breaking the duty of care of a person. Negligence requires elements for determining liability; include the plaintiff and the breach or dereliction. Strict liability has prominence in law especially in corporate and criminal laws, in addition to product liability. In tort laws, strict liability occurs as an imposition of liability without identifying fault such as tortuous intent and negligence. The claiming party only needs to prove that tort occurred and the defendant was responsible for the tort. Identify A Tort Violation From The Video. Then Use The 7-Step Process As Defined In The Harb Article To Apply The Risk Management Process To Mitigate The Business Risk Associated With That Violation.
In this case, a tort violation occurred because of breach of warranty. In addition, one of the operators of the equipment cut his finger as he tried to operate the equipment. Therefore, as a manager, I will use the seven-step process of risk management to mitigate the business risk associated with the violation. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies. The first element in successful enterprise risk management involves management commitment. This requires the establishment, development and maintenance of risk management frameworks.
This promotes and reinforces the benefits of risk management to many organizations. The management should initialize communication, which is a crucial function in the ERM framework. The company has the responsibility of communicating and reinforcing the roles of the ERM framework. The third element involves procedures and policies. The company should develop concise, easy and clear procedures and policies that people can comprehend easily. This requires a review of the risk management procedures, stratagems and measures for their appropriateness. The management should also institute processes and systems that facilitate an application of the of the ERM framework.
The fourth element involves education and training, which occurs as investing in its workers and people. The company should conduct training in areas that facilitate risk identification. This requires a review of the profiles and provision of feedback to risk owners. Additionally, the company should develop an effective and efficient framework with well-documented plans, policies and toolkits. This should align the main activities of the company and minimize duplication of function. Well-aligned activities help in the creation of interdependency in ERM. Thereafter, the company should practice or apply risk management.
This will require regular risk assessment and facilitation of risk workshops. The final process in risk management involves ongoing monitoring and review of risk management. This involves reviewing all the components of the ERM framework, which requires assurance of ERM processes and systems. This also requires assurance of monitoring and reporting of risks and independent testing of controls. Professor Of Law Nancy Kubasek States That It Appears As If A Breach Of Warranty Occurred. As A Business Manager, What Criterion Would You Consider In Determining If This Is An Appropriate Situation To Involve Legal Counsel? In case individuals are harmed by using unsafe products, they can use the Cause of Action against the owners of the product. In addition, they can also use the Cause of Action against people who manufactured, designed and sold the product.
Liability litigation can be instituted in this case in order to facilitate consumer protection. In this case, the warranty was broken because the goods did not meet the specifications in the warranty. The goods did not have the expected standards and conditions, which could harm the user. In this case, I would consider risk management in determining the appropriateness of the situation Harb, In order to manage the situation, it is essential to contract a legal counsel to take care of any legal proceedings from this situation. The legal jurisdiction has provisions for express warranties, which guarantees compensation in case a seller makes false impressions about a product.
Tort laws occur as civil wrong laws that deal with unfair actions or behaviors towards individuals. Tort laws deal with instances where an individual suffers losses or harm. Potential tort risks in this case occurred as negligence and strict liability. The products used in this case did not meet the specified standards as outlined in the express warranty. The products led to injury and harm to the users, hence these individuals could claim tort. Buckley, W. Torts and personal injury law. Edwards, L. Tort Law For Legal Assistants. Clifton Park, NY: Delmar Cengage Learning. Harb, T. Institute of Internal Auditors. NSW Chapter Members Meeting. Page Young Goodman Brown and Other Hawthorne Short Stories Summary and Analysis, Article Review Example.
Ethics Reflection Paper, Essay Example. Need a professionally written Custom Essay? Right now, you can get a professionally written essay in any discipline with a. We're now sending you a link to download your e-book, please check your e-mail. Thank you! You can receive the notifications now. It's pleasure to stay in touch! Show all. Paper Types Movie Review Essay Admission Essay Annotated Bibliography Application Essay Article Critique Article Review Article Writing Assessment Book Review Business Plan Business Proposal Capstone Project Case Study Coursework Cover Letter Creative Essay Dissertation Dissertation - Abstract Dissertation - Conclusion Dissertation - Discussion Dissertation - Hypothesis Dissertation - Introduction Dissertation - Literature Dissertation - Methodology Dissertation - Results GCSE Coursework Grant Proposal Interview Lab Report Marketing Plan Multiple Choice Quiz Quiz Personal Statement Poem Power Point Presentation Power Point Presentation With Speaker Notes Questionnaire Reaction Paper Research Paper Research Proposal Speech SWOT analysis Term Paper Thesis Paper Online Quiz Resume Outline Literature Review Movie Analysis Statistics problem Math Problem Article.
Get a Free E-Book! Tort Law, Essay Example. Pages: 5 Words: Essay. This Essay was written by one of our professional writers. Need a custom Essay written for you?
Tort Law Essays (Examples),Intentional Tort: Court Case Study
WebNov 4, · Tort Law’ is the law of wrongdoing. The basis of tort law is to enable a person who has been wronged to ask for compensation. An Act Committed without WebIn criminal law jurisdictions, tort laws occur as civil wrong and they deal with instances where an individual acts or behaves unfairly. This causes another person to suffer WebThe Tort Law Effect on Victims Essay Online for Free. The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims WebApr 18, · Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong WebTORT LAW PROBLEM QUESTIONS. Our Tort Law Q&A book provides you with the necessary background information to establish your own critical conclusions about Tort WebTort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that ... read more
He was also upset by the events of the day and was most keen to discuss the accident…. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law Harvard Law Review, To prove negligence, the claimant must show that the defendant causing the damage was not only the actual cause of damage. According to the American system of tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him.
References Buckley, W. he zoo is open to the public seven days a week for 8 hours a day. New York, NY: Pearson. The wrongful death statute is not in derogation of the tort law essays law, and it does not take away any common law right. Potential tort risks in this case can be classified as strict liabilities and negligence.
No comments:
Post a Comment