The outcome of a trial, whether it be civil or criminal, can have a tremendous impact on the lives of the parties involved. It is the wish of any reasonable person that the perpetrator of an evil faces the penalties of his or her actions while the innocent be awarded a favorable outcome, whatever that entails. This is the outcome that any honest legal decision-marker strives to achieve. If the all the relevant facts were readily available and their authenticity assured, then a judge or jury could
A misrepresentation is a false statement of fact made by one party to a contract to the other party before the contract was made and which was one of the factors which induced the other party to enter the contract. The burden of proof is on BSHC to prove that all the above has been satisfied. WildeJames have indeed made a false statement as they have not actually carried out the survey and have therefore advised BSHC of facts which are untrue. It doesn’t appear that the statement was one of opinion
plaintiff following the doctrine of res ipsa loquitur (negligence), “a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence” (Merriam-Webster). Even after the majority opinion and Chief Judge, Phil Gibson, affirmed
There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability
As we go about our daily lives we interact with a variety of products and services, many of which are key parts into how we live. We trust the policies, procedures and laws that are in place within society to protect us is the event we are to incur harm. The issue of product liability has become increasingly prominent in the news and has left many individuals wondering how safe the products we use daily are. The issue of tort and product liability was no more aware than the case of Gladys Escola
experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Does anyone wake up one day thinking “today’s the day my name will go down in history?” It is hard to imagine that Mrs. Gladys Escola woke up on that fateful 21st day of August in 1941 thinking that her life was going to forever change the laws of the land. That day, Mrs. Escola went to her work at Tiny’s Waffle Shop, a restaurant in Merced, California. A waitress, part of her duties consisted of refilling the refrigerators with soft drinks. One of them, a bottle of Coca-Cola, broke in her hand
In the case of Maternity Hospital & Anr. v. Santosh & Anr , National Commmission observed that in case of medical negligence, the liability of a doctor arises not when the patient has suffered any injury, but when the injury has resulted due to the conduct of the doctor, which has fallen below that of reasonable care. SERVICES RENDERED AT A NON-GOVT. HOSPITAL / NURSING HOME The medical practitioners, Government hospitals/nursing homes and private hospitals/nursing homes broadly fall in three categories
1. Negligence is made up of four basic elements. The first element, duty, includes a related concept of "standard of care". Does that standard of care change depending on the defendant involved, and if so, how? Yes, the standard of care changes depending on the defendant involved. Our GCU textbook states, “a stranger is not legally required to assist, unless the stranger caused the incident in most instances, the parent might well be expected to do so in the eyes of the law and the lifeguard is
Love hired an attorney, Holmes to present her. Holmes agreed on condition that Love would refrain herself from abusing controlled substance. Holmes then ended the professional relationship a few months later. Love then alleged that Holmes was bought off on her twitter. The issue is whether Love is liable to her attorney. This case involves the concept of tort which means a wrong. There are three types of torts: intentional torts, unintentional torts (negligence) and strict liability. Intentional
In the world we live in today a significant number of people rely on the convenience, reliability, and safety of public transportation or also known as Common Carriers. Public transportation is necessary in cities like San Francisco, because the use of common carrier transportation is the most efficient and conservative way of transportation. We’ve all entrusted a common carrier one way or another, whether it be taking the Greyhound to visit a friend in Los Angeles or taking a ferry to see remote
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face during their careers and how they have been successfully dealt with in the past. It is also important for nurses to understand what malpractice is and how they may protect
significant numbers were in use before the writing of the Old Testament and were a common literary device of scribes from Babylon, Egypt, etc (Davis 104-105)." There is also the concept that can best be summed up "... in the old Latin phrase: 'Res ipsa loquitur,' which means, 'The thing speaks for itself.' Numerological patterns need no interpretation, their meaning is readily apparent (Holcombe 30)." When the Bible was written the concomitant influence was from God and the Holy Spirit. This view of
The Plaintiffs of the case are Glynace H. Norton and his wife, Anne Graves Norton, The defendants of the case are the insurer of the Baton Rouge hospital: Argonaut Insurance Company, Mrs. Florence Evans R.N,,ADON (Registered Nurse/Assistant Director of Nursing services) whom had administered the fatal medication; and Aetna Casualty & Surety Company, that covered the liability insurance for Dr. John B. Stotler, who delivered the negligent order. In the case of Norton vs Argonaut Insurance Company
2.2 Common law and civil law In this part we are considering two major legal systems, common law and civil law; the first one is neither written or codified it is mainly based on the decisions already made by judges on previous similar cases, it is the system applied by the U.S and the U.K, where a judge makes a decision about a certain case with the help of a jury composed of normal, responsible, and sane group of people from the community. The second system is known as the civil law which