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Carla Mendoza Due Monday at 5:00 PM on Monday October 19 1. What is the difference between a unilateral mistake and a bilateral mistake of fact? Identify which theory was applied in the Michael Jordan case discussed at the beginning and end of the chapter and explain what the mistake of fact was. A unilateral Mistake- is when only one individual in the party of the contract has knowledge of the mistake on the contract either due to a void, or a clerical error. A Bilateral Mistake- is where both parties of the contract are in knowledge of the mistake in the agreement. In my opinion I this was a bilateral mistake in the fact that Knafel knew of the other potential fathers of her child but focused solely on Jordan for the purpose of money. …show more content…
A Delegation is the process by which responsibility and authority for performing a task or activity is transferred to another person. 12. What is the difference between compensatory and consequential damages? Compensatory damages help compensate you for the economic loss caused by a broken contract. Consequential damages are those caused indirectly by the broken contract. 13. What is the difference between punitive and nominal damages? Nominal damages are generally recoverable by a plaintiff who successfully establishes that he or she has suffered an injury caused by the wrongful conduct of a defendant. Punitive damages are awarded not as compensation, but to punish the wrongdoer and to act as a deterrent to others who might engage in similar conduct. 14. What is the difference between legal remedies and equitable remedies? The difference between a legal claim and an equitable claim is: a legal claim, a plaintiff explains to the court how the defendant's actions cause him to suffer a loss. An equitable claim, a plaintiff who seeks equitable relief is asking the court for an injunction (a court order compelling a party to do or refrain from doing a specified
Knowingly and willfully acts, a required element of AKS, was not the basis of the initial of the contract
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
Damages in the United States include two categories. Compensatory damages are intended to compensate for the plaintiff’s loss. Punitive damages, on the contrary, are meant to punish the defendant .The punitive damages exceed the plaintiff’s loss, to dissuade the defendant from any further wrongdoings. For instance, having a company pay significant punitive damages may encourage it to greater caution. Another difference between the two categories is the money involved. If the damages are compensatory, the money usually goes entirely to the plaintiff, but if they are punitive, part of the money goes to the law firm and part to the plaintiff.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
Delegation as defined by the American Nurses Association (2005) is the ability to handover responsibility for the performance of a duty from one person to another while being held accountable for the outcome.... ... middle of paper ... ... The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary Since delegation improves with practice, it is important for students to gain knowledge about the skills and use them when on clinical placements.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
Civil suits also present their own issue. If the defendant simply has no property, material goods, or anything of value in which the victim can be compensated, the civil suit is relatively meaningless even if the plaintiff wins (Karmen, 2015).
A claimant's pure economic loss essentially results from a defendant's negligence and a claimant can only make a claim of negligence if primarily
Unilateral – some offers are purely one sided, made without the offeror’s having any idea whether they will ever be taken up and accepted, and thereby be transformed into a contract. For example when an advertisement where a person is rewarding another one if he finds his pet (which was lost). In this case the person who is making such an offer is not sure whether this offer will be ever accepted.
Delegation can be defined as an act by which the delegator assign a specific task to a delegate. The delegator is the person delegating a task to another, and the delegate is the one accepting or chosen to carry out the order. In nursing, the delegator is usually a licensed personnel such as a registered nurse and the delegate can either be licensed (LPN) or unlicensed (NAP). According to the DC Board of Nursing, delegation is defined as the transfer of authority to a competent individual to execute a selected nursing task in a given situation. Register nurses do not only have the authority of delegating, but they must supervise and monitor for a proper and safe delivery of the assigned task.
The delegation process requires reliable and effective communication and organizational support. According to the article, “The delegation process begins with decisions made at the administrative level of the organization and extends to the staff responsible for delegating, overseeing the process, and performing the responsibilities” (Reyes, 2016, p. 3). In simpler terms, a leader, or the delegator, and the delegatee all have specific responsibilities and roles. It is the delegator’s responsibility to properly assess a patient’s needs and know when to properly delegate a task to another personnel.
Delegation is assigning a task and its responsibility to another who is able to perform it, while with holding the accountability (Silvestri, 2013). To regulate delegation, each state Board of Nursing enforces their Nurse Practice Act. The Nurse Practice Act varies by state, but is a detailed guideline which recognizes the 5 Rights of Delegation to follow when delegating specific tasks. It also defines the nurses’ scope of practice, education/ license requirements, and sets the consequences for noncompliance with the Act, such as license suspension and reinstatement (Rosdahl, 2012). Improper delegation can be harmful, and without these guidelines malpractice/negligence can result. Negligence is the result of a person not acting reasonably. When healthcare professionals’ actions results in negligence it is considered malpractice or professional negligence (Rosdahl, 2012). Nurses are held liable for their actions for instance: not providing safe patient care by delegating untaught procedures to other nurses or failure to question physicians’ orders if they seem wrong and not reporting medication errors are just a few that may lead to
There are many themes that present in literature about delegation. American Nurses Association(ANA) defines delegation as the transfer of responsibility for the performance of a task from one person to another. The National Council of State Boards of Nursing(NCBSN) defines delegation as transferring to a competent individual the authority to perform a selected nursing task in a selected situation. I think delegation is a skill that needs to get proficient. Kleinman and Saccomano(2006) state that the nurse must be taught delegation skills, both in academic and clinical settings. The use of unlicensed assisted personnel(UAP) or licensed practical nurse(LPN) is essential in todays health care because of the increased acquity of patients and increased custom-service approach.
Oversight as defined by the Oxford Dictionary as “an unintentional failure to do or notice something” (Oxford Dictionary). Due to largely unforeseeable, unintentional errors, they are common in peoples daily lives.
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.