Saturday, May 18, 2019
Law 421
Week 3 Law 421 David Tiffany UOP Shalandrea Jones October 29, 2012 Torts atomic number 18 civil laws that atomic number 18 broken and ar rules for lawsuits. When these rules be broken they female genitalia result in detriment and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in just about cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party throw out sue for loss of earnings, pain and suffering, and medical expenses or present and future.Torts can fall under 3 categories intentional torts, abstracted torts, and strict liability. Intentional torts include intentionally hitting someone, heedless torts causing a traffic accident, and strict liability, making and selling defective merchandise. Tort law as well as includes the areas of nuisance, defamation, invasion of secretiveness and economic torts. The first case deals with keyless entries that malfunction. This is an exam ple of a strict liability this law a law applies to patch ups that settle and sell products that can be potentially harmful to the consumer.Strict liability tort and negligent tort are similar but with strict liability the victim does non have to take the stand their negligence. In the case of the keyless entry the malfunction returns when the gondola automobile owner exits the gondola. At this time the railcar should automatically shut off after a certain period of time. However the car does non and the engine continues to run. The car owners often park their cars in garages that are non ventilated and do not hear the engine running. This malfunction of the car ca habituated more than one case of carbon monoxide poisoning.One car manufacture states that they do offer additional warning about cutting the engine off and the consequences of not doing so. The car manufactures can be held liable for many different lawsuits not only from the families of the mickle who died bu t too from the survivors. Law expert. com defines negligence as the failure to subprogram banausic care. Negligence can hap when someone does not exercise the amount of care that a person would use under the set or somebody does something that a reasonably careful person would not do under the set.Automobiles accidents are often example of negligence. In order for an act to be considered negligent certain actions must be established. 1. The defendant owed a duty to the plaintiff. 2. The defendant violated that duty. 3. As a result of the defendant irreverence the plaintiff suffered flaw. 4. The injury was a reasonable consequence of the defendant action or inaction. Law expert. com overly provides an example of negligence. A person driving a car has a general duty to use the car in a safe and answerable manner. If that driver runs a red light, that diver violates that duty.As it is soundless that running a red light can make a car crash and that mess are likely to be in jured in such a collision, that in fact results to others in a collision resulting from the person running the red light. Gross negligence means that contact or failure to act that is so reckless that it demonstrates a substantial lack of concern. For example a giving medication employee on the job and an nonessential occurs be endeavor the employee is on the job they may be immune from liability for cut-and-dry negligence but may remain liable for earthy negligence.The second example with the bouncy stomach is an example of negligence and possible primitive negligence. I think that the company that promotes and sets up the bounce residences should affirm the customer of the possibility of the houses blowing away and not set them up in windy conditions. Also in states where proper restraints are not required they should be. Wind, weight, or a number of other factors can cause the bouncy house to take flight. I believe that it is reasonable to tie down the bouncy houses so t hat the customers are secure as possible.In states that do not require regulations they are leaving themselves open for gross negligence charges if an incident does occur. Al almost every jurisdiction a person is liable for all losings and damages that result from his or her negligence. With certain exceptions owners, people who handles fondles, and people that harbor fondles can be held responsible for injuries caused by their pet. Negligence is too defined as the lack or ordinary care. An example of an reasonless action would be a chink owner letting go of his go afters leash when another wienerwurst approaches so that the drop backs can play.An nonsensical action might be the failure to keep a dog away from guest when it is prone to play rough or knock people down. Negligence is in any case considered when an adult places a watchdog in the room with a sleeping infant. If a person fails to defend a visitor from a potentially dangerous pet this falls under the doctrine of exposit liability. Landlords, landowners and management companies can be held liable and responsible to their tenants failing to get rid of a wrong animal. The final example with the ferret this is an example of negligence. Any animal has the potential to be vicious if it opened to new people or feels threatened.So if the homeowners have company it is best to keep the ferret in a cage or in a room with the door closed to avoid possible injuries to their guest. If the pet owner follows all necessary precautions an incident occurs then they will not be liable for the incident if one occurs. References www. lawcornell. edu www. lawexpert. com www. law intercommunicateationlive. com http//today. msnbc. msn. com/id/26184891/vp/4164037241640372 http//today. msnbc. msn. com/id/26184891/vp/4329225843292258 http//www. cnn. com/video//video/us/2011/01/11/dnt. ferret. attacks. infant. kctv? hpt=T2Law 421Week 3 Law 421 David Tiffany UOP Shalandrea Jones October 29, 2012 Torts are civ il laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally hitting someone, negligent torts causing a traffic accident, and strict liability, making and selling defective merchandise. Tort law as well as includes the areas of nuisance, defamation, invasion of retirement and economic torts. The first case deals with keyless entries that malfunction. This is an example of a strict liability this law a law applies to manufactures that manufacture and sell products that can be potentially harmful to the consume r.Strict liability tort and negligent tort are similar but with strict liability the victim does not have to farm their negligence. In the case of the keyless entry the malfunction occurs when the car owner exits the car. At this time the car should automatically shut off after a certain period of time. However the car does not and the engine continues to run. The car owners often park their cars in garages that are not ventilated and do not hear the engine running. This malfunction of the car caused more than one case of carbon monoxide poisoning.One car manufacture states that they do offer additional warning about cutting the engine off and the consequences of not doing so. The car manufactures can be held liable for many different lawsuits not only from the families of the people who died but also from the survivors. Law expert. com defines negligence as the failure to use ordinary care. Negligence can occur when someone does not exercise the amount of care that a person would use under the circumstances or somebody does something that a reasonably careful person would not do under the circumstances.Automobiles accidents are often example of negligence. In order for an act to be considered negligent certain actions must be established. 1. The defendant owed a duty to the plaintiff. 2. The defendant violated that duty. 3. As a result of the defendant ravishment the plaintiff suffered injury. 4. The injury was a reasonable consequence of the defendant action or inaction. Law expert. com also provides an example of negligence. A person driving a car has a general duty to use the car in a safe and responsible manner. If that driver runs a red light, that diver violates that duty.As it is silent that running a red light can cause a car crash and that people are likely to be injured in such a collision, that in fact results to others in a collision resulting from the person running the red light. Gross negligence means that contact or failure to act that is so reckless that it demonstrates a substantial lack of concern. For example a administration employee on the job and an incident occurs because the employee is on the job they may be immune from liability for ordinary negligence but may remain liable for gross negligence.The second example with the bouncy house is an example of negligence and possible gross negligence. I think that the company that promotes and sets up the bounce houses should inform the customer of the possibility of the houses blowing away and not set them up in windy conditions. Also in states where proper restraints are not required they should be. Wind, weight, or a number of other factors can cause the bouncy house to take flight. I believe that it is reasonable to tie down the bouncy houses so that the customers are secure as possible.In states that do not require regulations they are leaving themselves open for gross negligence charges if an incident does occur. Almost every jurisdiction a person is responsib le for all losses and damages that result from his or her negligence. With certain exceptions owners, people who handles pets, and people that harbor pets can be held responsible for injuries caused by their pet. Negligence is also defined as the lack or ordinary care. An example of an unreasonable action would be a dog owner letting go of his dogs leash when another dog approaches so that the dogs can play.An unreasonable action might be the failure to keep a dog away from guest when it is prone to play rough or knock people down. Negligence is also considered when an adult places a watchdog in the room with a sleeping infant. If a person fails to encourage a visitor from a potentially dangerous pet this falls under the doctrine of expound liability. Landlords, landowners and management companies can be held liable and responsible to their tenants failing to get rid of a vicious animal. The final example with the ferret this is an example of negligence. Any animal has the potenti al to be vicious if it overt to new people or feels threatened.So if the homeowners have company it is best to keep the ferret in a cage or in a room with the door closed to avoid possible injuries to their guest. If the pet owner follows all necessary precautions an incident occurs then they will not be liable for the incident if one occurs. References www. lawcornell. edu www. lawexpert. com www. lawinformationlive. com http//today. msnbc. msn. com/id/26184891/vp/4164037241640372 http//today. msnbc. msn. com/id/26184891/vp/4329225843292258 http//www. cnn. com/video//video/us/2011/01/11/dnt. ferret. attacks. infant. kctv? hpt=T2
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