Strict Liability In addition to intentional torts and negligence, there is a third type of civil liability known as strict liability. Throughout most of the study of law, we have seen a principle that equates liability with fault. Implicit in our justice system is the belief that before someone should be liable, whether criminally or civilly, there should have to be some degree of fault. It offends our notions of justice to think that someone, through no fault of their own, could be held liable
obligations and also be able to claim for damages for the breach from the contract breaker. A relevant law case for Conditions would be Poussard v Spiers (1876). Warranties are a relatively less important term as it is secondary in nature and does not go to the root of the contract. Breach of warranty does not entitle a contract to be discharged but it allows the injured party to claim damages. A relevant case law for Warranties would be Bettini v Gye (1876). An Innominate term is the third term of the contract
Medical Malpractice Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher. Should the amount of malpractice insurance be lowered even though malpractice is one of the leading causes of death? The answer is yes
Introduction There is a relationship between ethics and law. However, these two overlap in some cases where what is legal is unethical and whatever is deemed ethical is also illegal. They might not overlap in other situations but the contexts in which they are applied might rule out their legality or ethicality (Banks 2001). The complication in the dichotomy of human behavior in light of laws and ethics is due to legislations that contravene ethics and the inability for enforcers to have solutions
diligence. It will describe the term due diligence came from and from what case. The report also examines an industrial fatality in Alberta and tries to identify what happened and makes recommendations on due diligence for the case study Where did the term “due diligence” come from, what case “In the late 1970s, the due diligence defense was made available to a new category of regulatory offences, known as strict liability offences, by the Supreme Court of Canada (the “SCC”) in R v. Sault Ste. Marie
the marketplace. 5. Organisational Studies – This involves the study of data relating to job descriptions and hierarchy. The scope of Industrial Psychology in forensic work is mainly concerned with three fields: 1. Personal injuries and dependant claims – This involves the Industrial psychologist being asked to quantify an individual’s ability to generate an income now and in the future as a result of an injury due to medical negligence, public liability, motor vehicle accidents or assault/injury
Introduction This paper presents a case study of a dispute between a worker who has an accident at the workplace and his employer. The paper will critically analyze the argument by following the critical thinking step in an attempt to solve the problem. John Smith, one of the organization’s workers, injured his hand with a machine while attending to his duty at the work place. The accident results into a dispute over who should be held responsible for the accident. Parties, the injured worker and
In an episode from Grey’s Anatomy Shake Your Groove Thing, a surgical intern named Dr. Grey was assisting an attending physician during an open-heart surgery (Shonda, 2005). Dr. Grey admitted to the patient’s husband that she might have punctured the heart with her fingernails. As a result of the mishap, she was called in to a meeting with the Chief Surgeon and the Administrator of the clinic. She was confronted and condemned for telling the patient about her mistake. However, Dr. Burke, a senior
For liquidity, Wal-mart’s current ratio has declined from 93% in 2016 to only 86% in 2017 (Nasdaq, 2017). The reason behind is that Wal-mart has increased its total liabilities in 2017 by 1,992,000 in one year, resulting from the increase in account payable by 7.49% from $58.65 million in 2016 to $63 million in 2017(see Figure 1.4) (Nasdaq, 2017). Hence, although this would not be a threat for Wal-mart facing bankruptcy
MANAGING MARKET 1. INTRODUCTION McDonald’s was founded in 1940 by brothers, Richard and Maurice McDonald in the state of California (RF). Presently there are 36,900 locations globally, operating in 100 countries within 7 areas of the world which includes: The United States, United Kingdom, Africa, Canada, The Middle East, Latin America and Asian Pacific countries. On average, McDonalds serves 69 million consumers daily (RF). McDonalds is currently the number 1 burger chain in the world and