| Papers [1-15] of 85 :: [Page 1 of 6] | | Go to page : 1 2 3 4 5 6 —> | Search results on "NEGLIGENCE LAW": |
|
|
Negligence Law, 2007.
A case study analysis discussing the particulars of negligence law.
1,732 words (approx. 6.9 pages), 6 sources, MLA, $ 55.95
»
Click here to show/hide summary
Abstract
This paper presents a case study discussing negligence law. It describes the particulars of the case and then lists the points that are necessary in order for someone to be found negligent. The paper describes the courses of action that can be taken by both parties and what their defenses would be. It then describes the likely outcome in this particular case.
From the Paper
"As said before, because there is a legitimate question as to Giselle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action do to it lacking any debatable issue of fact. Monty will have a time to respond to the Motion. After the judge receives all the moving papers, he or she will issue an opinion."
| |
|
Product Liability and the Law of Negligence, 2006.
A look at product liability in terms of the law of negligence and its development as a part of tort law over the past two centuries.
1,575 words (approx. 6.3 pages), 5 sources, $ 62.95
»
Click here to show/hide summary
Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.
| |
|
English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
»
Click here to show/hide summary
Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
| |
|
Comparative Negligence, 2006.
This paper discusses the topics of negligence vs. comparative negligence concerning helmet liability.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
»
Click here to show/hide summary
Abstract
This paper describes issues of legal negligence ascribed to a coach based on a football player's failure to buckle his football helmet during play which resulted in an injury to the student's neck. Immunity, negligence and comparative negligence are examined in the paper. The paper finally makes a determination, along with assumptions in making the determination, that the proper defense was comparative negligence.
From the Paper
"We live in a litigious society. People who feel they have been wronged will file lawsuits against whom ever they can ascribe blame to; school coaches are no exception. While the laws governing tort liability vary per state, this paper will describe a generic football based neck injury for failure to buckle a football helmet during play and discuss the legal categories of negligence and comparative negligence as applicable to this case. The paper will conclude with a discussion on which of the two categories is more appropriate as a defense. The injury: Bobby Jones, a high school senior on the varsity football team had been playing junior high and high school football for the last 6 years. During one of the final games of the season, despite the coach's explicit directions to buckle his football helmet, Bobby failed to do so."
| |
|
Negligence of International Treaties and Amnesty Rulings, 2002.
Addresses the issue of human rights in relation to South American revolutions.
3,900 words (approx. 15.6 pages), 10 sources, $ 142.95
»
Click here to show/hide summary
Abstract
Several countries will be selected in this paper in order to present a coherent view of how South American revolutions came about, as well as how the rights of those who live within these countries are abandoned in pursuit of comparative freedom. This paper shall focus primarily on the country of Brazil, as Brazil has settled the majority of its internal conflicts. As this is the case, there is a great deal of documentation of Brazil and on the violation of human rights that occurred during the half-century of its civil war.
| |
|
Nursing Negligence, 2005.
This paper discusses a case study of a situation in which a nurse decides on her own to continue treating a patient, contradicting orders.
2,025 words (approx. 8.1 pages), 9 sources, $ 80.95
»
Click here to show/hide summary
Abstract
The paper reports a case study of a real situation in which a nurse decides on her own to continue treating a patient and not to call the doctor as instructed. The paper explains that this could create a difficult situation and also shows a problem with communication in this particular institution. This raises questions about the preceptor program and the lesson to students.
From the Paper
"Procedures for medical treatment are set by the doctor and the instructions are meant to be followed. Only extraordinary circumstances should intervene to cause the nurse practitioner to stray from the course set by the doctor. Short of such extraordinary circumstances, the nurse should adhere to the orders of the doctor and should consult with the doctor if a change is to be suggested. In a case such as the one under discussion, though, the nurse has decided on her own not to involve the doctor and to continue the procedure even when that situation reaches a point beyond which she was told specifically what to do,and that was to call the doctor. She is substituting her own view of the needs of the patient for those of the doctor and assuming that his admonition regarding the temperature can safely be ignored."
| |
|
Tort of Negligence and Patient Information, 2007.
A case study presentation discussing the issues of consent and liability in the Australian medical field.
4,357 words (approx. 17.4 pages), 14 sources, APA, $ 114.95
»
Click here to show/hide summary
Abstract
This paper discusses a shift in Australian law towards the rights of the patient as compared to medical standards or the expertise and discretion of the doctor. It focuses on how this shift has created a crisis of insurance and malpractice claims in Australia. The paper presents a hypothetical case study centered on a patient, Rhonda, advised to undergo surgery in order to investigate a possible malignancy situated near the spinal column. The paper then discusses the consent and liability issues that are associated with the case.
Table of Contents:
Introduction
Refusal versus Consent
If Consent was Given
The Hospital's Possible Liability
Defences against Rhonda's Possible Claims
Concluding Remarks
From the Paper
"An obvious weakness in the Patient's Rights approach which demands that physicians produce all possible information regarding proposed procedures or treatments towards informed patient consent rests in matters of sheer information, the ability of the patient to interpret it, and with doctors relying on the research community as a kind of de facto alibi it is not meant to be in order to reduce their personal liability. One does see the room for sometimes ludicrous results in cases of routine procedures, not to mention in dealings with patients or their guardians of kinds apt to sue opportunistically. Despite altered tort law hoped to remove the worst effects of the medical indemnity and insurance crises it seems likely that conservatism may prevail, for some years, in Australian medicine. As in the U.S. and elsewhere affected by much litigation, a typical response on the part of doctors is to recommend treatments including surgery sparingly."
| |
|
Proximity and Reasonableness in Law, 2005.
An analysis of use proximity and reasonableness in negligence cases in English law.
1,948 words (approx. 7.8 pages), 21 sources, APA, $ 62.95
»
Click here to show/hide summary
Abstract
The paper discusses the concepts of proximity and reasonableness in relation to the law surrounding negligence. The paper also raises the question as to whether the judiciary's reliance on such tests is in fact a way of disguising judgements that have their foundations in policy rather than law.
From the Paper
"It is possible to argue that the terms "proximity" and "fair, just and reasonable" are covert devices for the courts to decide cases on policy. In the case of Hill v Chief Constable of West Yorkshire the mother of the last rape victim that was killed by Peter Sutcliffe (The Yorkshire Ripper) sued West Yorkshire Police for negligence. She alleged they had not used reasonable care in apprehending him. Her lawyers argued that the police had been careless because they had failed to apprehend Sutcliffe earlier even though he had been brought in earlier than his eventual arrest. They argued that had Sutcliffe been apprehended earlier his final victim, Jacqueline Hill, would not have died. The House of Lords rejected this on the basis that there was insufficient proximity between the victim and the police. Lord Keith also refused to impose liability on policy grounds. His Lordship held that to impose liability in such circumstances would be counter productive."
| |
|
Corporate Manslaughter Law, 2008.
A comparison of the previous corporate manslaughter laws in the UK and the problems associated with it, with the current Corporate Manslaughter and Homicide Act of 2007.
2,356 words (approx. 9.4 pages), 12 sources, APA, $ 72.95
»
Click here to show/hide summary
Abstract
This paper discusses corporate manslaughter law in the United Kingdom. It looks at the causes of corporate manslaughter, such as gross negligence or failure of management to introduce and maintain basic safety standards. The paper discusses the previous laws and their regular failure to protect the worker. It then looks at the Corporate Manslaughter and Homicide Act of 2007 and the harsher penalties that it dictates.
Table of Contents:
Introduction
Previous Laws
Controlling Mind
Corporate Manslaughter & Homicide Act 2007
Duty of Care
Harsher Penalties
Conclusion
From the Paper
"The new legislation serves to highlight and re-enforce the importance of addressing health and safety issues at a high level. Directors and other "senior management" should take the opportunity to review the management of, and responsibilities for, health and safety in their own organizations and ensure they have appropriate and effective health and safety processes. The good news is that the explanatory notes to the Bill state: "There is no question of liability where the management of an activity includes reasonable safeguards and a death nonetheless occurs". With the provisions of the Act not due to come into force until April of next year, there is time yet for organizations to address any shortcomings in their governance structure, policies and systems. It must be recognized, however, that company-wide attitudes and accepted practices may take more time to change."
| |
|
The Law of Manslaughter, 2003.
An examination of the definition of manslaughter and the current British law pertaining to it.
2,240 words (approx. 9.0 pages), 7 sources, APA, $ 69.95
»
Click here to show/hide summary
Abstract
This paper shows how of all crimes manslaughter appears to afford most difficulties of definition, for it concerns homicide in so many and so varying conditions. It looks at how liability for manslaughter can arise from an unintentional killing caused by negligence ie. the omission of a duty to take care. It deals with the definition of manslaughter, the appropriate test and the jury direction. It also discusses the creation of a new head of common law manslaughter, reckless manslaughter and the implications of this turning of the law. Through examples of court cases, it analyses how proposed reforms will not only introduce much needed clarity but will allow the law to operate much more effectively as a mechanism of censure by reducing the net of liability to those truly responsible for the deaths they cause.
From the Paper
"Lord Roskill in Seymour , took recklessness to be the most suitable term to express the kind of culpability required for this head of manslaughter. In this case the trial judge had directed the jury that they should convict if they were satisfied that he D had caused death, and had been reckless in doing so, recklessness here having the meaning attributed to in Lawrence . The House of Lords held, dismissing D's appeal, that the elements of common law manslaughter and motor manslaughter under the Road Traffic Act 1972 were the same, and the direction in R v. Lawrence was appropriate, save that it was also appropriate to point out to the jury that the risk of death being caused by the manner of the driving must be very high. The prosecution might charge either offence, but if both were charged, the prosecution must elect, upon which charge to proceed."
| |
|
Tort Law, 2005.
A discussion on tort law and its applications.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
»
Click here to show/hide summary
Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.
From the Paper
"Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
| |
|
Death by Electrical Accidents and the Law, 2004.
A focus on the California laws regarding wrongful death and in particular, death resulting from electrical accidents.
1,131 words (approx. 4.5 pages), 5 sources, MLA, $ 39.95
»
Click here to show/hide summary
Abstract
This paper examines how there are special laws protecting both the consumer and the worker who have to deal with electricity, particularly California Public Utilities section 8031 and 8033. It looks at how any person who is injured by an electrical accident can sue if the accident was caused by the negligence or wrongdoing of another. It also discusses how, in the case of the electric companies, they must make frequent inspections to insure that the lines are not defective or pose a threat to the safety of the consume ; they are responsible for protecting against any forces of nature or foreseeable threats that could result in injury or death. It also shows how, according to the law, the power company has a ?non-delegable? duty to construct and maintain its facilities in a safe condition.
From the Paper
"In the case of Pappert v. San Diego Gas & Electric (186 cal. Rptr 847), the plaintiff. Susan A. Pappert and her children, appealed the wrongful death of her husband, Charles, arising from his electrocution while trying to cut a tree close to the uninsulated 12,000-volt power line. Were the findings correct in stating that SDG&E could not have reasonably foreseen that the defendant?s own acts would cause him harm? It cannot be proved that the tree pruner ever came in contact with the power line because no one witnessed it. So therefore, who can say what truly happened? There are some that say the tree itself may have been energized by the wire."
| |
|
Product Liability Laws, 2002.
An overview of the definition and application of product liability laws.
1,900 words (approx. 7.6 pages), 3 sources, $ 71.95
»
Click here to show/hide summary
Abstract
This paper is on the topic of product liability. Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damages caused by that product. Product liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction that the claim is based.
| |
|
Business Law: The Case of Luke Cool, 2007.
This paper discuses the complex case of Luke Cool, who is suing Bobby's Super Bikes and La Brute Manufacturing.
805 words (approx. 3.2 pages), 1 source, MLA, $ 28.95
»
Click here to show/hide summary
Abstract
This paper explains that the likelihood of Luke Cool's receiving damages in this case depends on whether the actions of Super Bikes and La Brute Manufacturing can be described as having been executed using "reasonable care". The author points out that Luke may be entitled to both pecuniary and non-pecuniary damages from La Brute; however, Luke will likely only receive pecuniary damages in his suit against Super Bikes, as in contract law recovery of non-pecuniary damages is very rare. The paper concludes that, given that Luke was extraordinarily negligent in this case by not only continuing to ride the bike knowing it had a dangerous flaw, but also by riding on a difficult path and without a safety helmet, it is likely that his award in this case will be reduced significantly.
From the Paper
"Luke would have no likelihood of successfully suing the employee of Super Bikes who sold him the bike, or the employee who told him to return another day as the part was not in stock, as the law generally distinguishes between those who have a contractual obligation to perform, and those who may due the actual work. While he may sue the employees on the basis of tort of negligence, this is unlikely to be successful due to negligence being defined in the law as failure to show "reasonable care"."
| |
|
Duty of Care, 2005.
An analysis of the case law relating to the concept of duty of care in the modern law of negligence.
1,496 words (approx. 6.0 pages), 8 sources, MLA, $ 49.95
»
Click here to show/hide summary
Abstract
This paper is an historical analysis, tracing the progress of the concept of the duty of care, and analysing how its function has changed from pre-1932 ["Donoghue v Stevenson"], to present. It provides an insightful discussion into the relationship between the duty of care and the rule of privity of contract and also discusses how the courts use this concept to secure results which they think are circumstance.
From the Paper
"And so, post Anns v Murphy, we see the Courts becoming more open about the application of policy in determining the presence of a Duty of Care*; In Hill, no duty was held to exist primarily because of the public policy consideration in relation to defensive policing [although there was also the issue of remoteness]. In CAPARO INDUSTRIES PLC v DICKMAN [1990], this general overtness was manifested by a test that to impose a duty would be 'fair, just and reasonable' in the circumstances. In MARK RICH & CO AG v BISHOP ROCK MARINE LTD, 'THE NICHOLAS H' [1995], the House of Lords, in finding that a marine survey society should not owe a duty of care to a shipowner, upheld a unanimous Court of Appeal decision that the tripartite test for establishing a duty of care promulgated in CAPARO was now to be of universal application."
|
|
|
