Non-pecuniary Damages: The next area of torts I will discuss are non-pecuniary damages. Also known as general damages, these include fault for pain and suffering, loss of enjoyment of life and loss of life expectancy. The most likely type of events that could cause non-pecuniary damages are caused by the person experiencing these damages which means they’re at fault themselves. Since Airbnb does not employ the hosts and they do not represent Airbnb in any way, the platform cannot be liable for any non-pecuniary damages. Pecuniary Damages: Relating to the previous term, pecuniary damages follow the same principles in relation to the Airbnb’s terms. Pecuniary damages fall into three categories: cost of future care, loss of future income, …show more content…
Recall our two types of trial courts (inferior and superior), the Small Claims Court is generally an inferior court whose judges are appointed by the provincial government. As a branch of the Superior Court of Justice, the Small Claims Court deals with smaller amounts of financial compensation which depends on the province. In Ontario, all claims that end up in the Small Claims Court will be below CDN $25,000. This process is designed to be much quicker and less expensive that litigation itself since it is common that a lawyer is not even involved. Generally, this court deals with claims for money owed under an agreement and claims for damages. The Airbnb Terms of Service mention this type of court in Clause 19 which outlines dispute resolution. If a resolution is not personally resolved between the parties and the Airbnb representatives, the plaintiff has the right to seek relief in small claims court. Both parties get a variety of options to make this process as convenient as possible. For example, either party can participate live, by phone, video conference or even by a simple submission of documents. Airbnb also includes that the initial filing fee is capped at CDN
Another factor to consider is if the hospitalized parties sue Mr. Chetum for negligence. Knarles would be involved in this case as well since it was his firm who did the maintenance. This would likely s...
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
Jan Schlichtmann, is the head of a small firm of personal injury attorneys, who is also known to be a successful lawyer in Boston. This small firm only takes on cases they believe they can win. Their clients are for the most part too poor to pay legal fees. Schlichtmann 's firm pays for the legal costs. In which they hope they can gain a portion of an eventual settlement.
Negligence and malpractice are terms that many use interchangeably, but the meanings are very different. Healthcare is one practice that has been in existence for centuries whether informally or formally. Since the first birth of any kind, the nurturing and caring of each other man or beast utilized the methods available to restore or maintain life. Since the 19th century, instructional school for nursing was established, streamlining the institution of health care today. In the previous centuries, caring for the sick was not the industry we know today. One did not worry about negligence and malpractice lawsuits, but today one has to be knowledgeable and aware of the implications of both negligence and malpractice in the 20th century practice of healthcare. This paper will explore the difference between negligence, and malpractice, and what one can do as humanly possible, to avoid being the subject of either. It will explore the importance of accurate and adequate documentation and how important it is for nurses to maintain Professional
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
There are three types of Justice discussed in Book 1 of Plato’s Republic which are Retributive, Procedural, and Social Justice. Retributive justice is the type of justice that requires someone to pay back their debts if they took something. According to Cephalus, justice requires ‘repayment’ from those who have taken something. For example, The death penalty can be considered retributive justice because someone may have took a life and now their life will be taken from them in return. Procedural justice is doing good for someone that you are close with but doing harm to someone you do not get along with. Polemarchus believes that justice is doing good to good people and doing bad to bad people. For example, Giving your friend a ride to
This report is set to outline and highlight key developments in a very important piece of law “Federal Arbitration Act” which is also commonly known as FAA. In order to look at the FAA in detail which was developed in late 1925, first let’s see what the word Arbitration mean. In simple words, Arbitration is known be to a very informal, private and isolated process in which all participating parties agree to hand in their disputes and problems in writing to one or more independent parties who are sanctioned to resolve the problem or issue. If someone ask you a question to define the act of Arbitration or what does it mean, most of us will have one of the following opinion:
Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game?
A tort is considered to be a civil wrong from which injury occurs to another person whether it is intentional or accidental. For such an offense, monetary value is the usual form of remedy. A classification of torts is that of negligence. “The tort of negligence allocates rights to individuals who have suffered damage, to their property or themselves, against a party that has failed to take reasonable care for that person’s safety” (Adams 2008). For an individual to have a successful claim in the tort of negligence, there must be proof of the duty of care, failure to perform that duty and damage suffered. Duty of care means that the claimant should show that the defendant should have thought about them (the claimant)
Are businesses that behave unethically destined for failure? Currently, businesses are facing growing societal pressure to perform responsibly and sustainably. Western cultures have become more aware of the effect their consumption has on the environment. Furthermore, companies are being put under pressure to treat labour, and where applicable, animals with greater care. However, this is to an extent optional and it is often argued that corporate social responsibility is taken up voluntarily by the business and that following laws regarding ethical trading is just a prerequisite to “fulfilling the responsibility of enterprises” (Enderle, 2014, pp 723 - 735).
a) Guests – that no matter what happens, even if the hotel really did nothing wrong, they can get their money back.
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was
Attracting and retaining the most talented employees is essential for long-term organizational success. An important component to attracting and retaining such employees is the design and implementation of an effective compensation and benefit system. Assuming the role of a highly regarded human resource consultant hired to review, analyze, and revise the compensation and benefit system utilized by my city’s largest employer, Holland Enterprises, this paper presents a revised compensation and benefit strategy that suits the firm. This proposal describes how an effective compensation and benefit system could contribute to organizational effectiveness in the firm, the principle components of the revised compensation and benefit system for the