Law Case

945 Words2 Pages
bulb-icon

Recommended: Legal Aspect Of Employment

McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006). Anderson contends that the release she signed is unenforceable because it is ambiguous in scope and contravenes public policy. One of the main issues that need to be addressed is whether the release is legally enforceable? Areas to be reviewed and addressed are is if the contract is ambiguous in scope, if the release breaks public policy, and if the release protects Curves from negligence. “Parties to a contract may, without violation of public poli... ... middle of paper ... ...nd obligations to her. By signing both parties expressed their clear intent related to the release of liability, and the release plainly clears Curves of any liability for negligence. In reviewing the facts, issues, and documents that were involved in the Anderson v. McOskar Enterprises, Inc. case it is clear that Curves should not be accused of having an ambiguous release form, and that they should not be held liable for any type of negligence. Curves release of liability does not breach public policy and supports the defense that the release is not legally ambiguous. The district court made the correct decision by not holding Curves liable for any wrong doing in the case. Anderson signed and agreed to a release of Curves of their liability for negligence and that alone makes it impossible for Anderson to sue Curves for any form of liability, including negligence.

Show More
Related

  • Hannlester Case Pros And Cons

    495 Words  | 1 Pages

    The contract was created to be lawful, not intentional to be illegal b. Knowingly and willfully acts, a required element of AKS, was not the basis of the initial of the contract c. Smith Kline did not solicit remuneration from the partners Cons that support that Hanlester should be viewed as

    Read More

  • Medical Malpractice Case Study: The Court Was Appalled

    868 Words  | 2 Pages

    Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with

    Read More

  • Case Law Assignment: Tracy First V. City Of Tracy

    746 Words  | 2 Pages

    This case is a good example that if you are going to petition a case (like Tracy ...

    Read More

  • Misrepresentation in Business Contracts: Yost v. Rieve Enterprises

    720 Words  | 2 Pages

    v Consolidated Edison Company of New York, Inc., Joc Oil is suing for the right to cure. This right happens between merchants when there has been an issue with items purchased, shipped, or received incorrectly. In this case Joc Oil has contracted to purchase low-sulfur oil from one refinery and to sell that oil to Edison. The oil arrives at Edison and is offloaded into Edison’s storage facility, only to find that the oil exceeds the low-sulfur requirements set in the contract. In past transactions Joc Oil has delivered nonconforming goods, or goods that do not meet the requirements under the contract. Edison has previously allowed Joc Oil to cure by allowing them to deliver conforming goods within the contracted time frame. “A cure may be attempted if the time for performance has not expired and the seller or lessor notifies the buyer or lessee of his or her intention to make a conforming delivery within the contract time” (Cheeseman, 2013). In this case we assume that the testing by Edison that reported the goods as nonconforming is accurate. There are some questions that would need to be answered in order to fully and accurately deliver a verdict on this case. The largest question is: Joc Oil has a cure for the shipment expected to arrive within two weeks, is this within the contract timeframe? If this question is a yes then Joc Oil has the rights to cure the issue at hand. If the answer is no, then a breach of contract may be in the works. Due to the fact that Joc Oil has been allowed to cure the issue in the past, there is a pattern of behavior by Edison, to allow Joc Oil the ability to cure. This would put Joc Oil in a position where there is no breach of contract. Joc Oil in this case has the ability and rights to cure for two reasons. The first being the past history, and the second being the right to cure as guaranteed under the

    Read More

  • FIRAC

    947 Words  | 2 Pages

    ...e a loss otherwise. The management’s lack of legal knowledge might have led them to assume that it was the McCaulleys’ responsibility to read all the terms and conditions, and simply refunding the deposit would satisfy these terms. In my opinion, NFM, like many other businesses, may have believed in consumers’ naivety. NFM did not foresee that the McCaulleys would bring the issue to court and appeal the trial court’s decision. The company managers did not follow the golden rule of treating others like they would like to be treated, and failed to consider the public disclosure test and the universalization test. As a result, the McCaulleys received only frustration in return for their patience in doing business with NFM. Had NFM had a clear formal policy about representing the contract terms to customers prior to billing them, the situation would have been different.

    Read More

  • case brief

    698 Words  | 2 Pages

    Regardless, it is still disturbing to see ninety-four years of precedented law so easily dismissed in the Supreme Court’s ruling in O'Callahan v. Parker; however, luckily, eighteen years later, the error was corrected in their decision of Solorio v. United States.

    Read More

  • Unauthorized Practice Of Law Case Study

    857 Words  | 2 Pages

    ... decision also brings suspiscion about whether or not if things go south is he going to take any accountability. In conclusion, this case truly represents the use of unauthorized practice of law.

    Read More

  • Case of United States Versus Microsoft

    964 Words  | 2 Pages

    The planned settlement is a concession reflecting the reality that ending the hearing would expose Microsoft to an undefined result and would put the government case at risk. The government dropped numerous basics of the conduct remedies that they had accomplished in the original hearing and the ...

    Read More

  • Case Law Case Study

    1560 Words  | 4 Pages

    Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for

    Read More

  • Common Law Case Study

    669 Words  | 2 Pages

    Explain and analyse the common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim:

    Read More

  • law

    1111 Words  | 3 Pages

    Chapter thirteen talks about the police being a public institution, that relies on a grant of legitimacy rooted in public trust and confidence. Complaints that become news events can wear away confidence among an even wider audience. This chapter provides the unique opportunity to combine citizen complaint data with actual observations. It examines the behavior of identified problem officers, as well as whose who are not labeled as such.

    Read More

  • Ethical Issues In The Case Of Mr. Davidson's Case

    1878 Words  | 4 Pages

    It is clear from the first reading of the document that the case of Mr. Davidson cannot be called one-sided. Once you read the document without even perusing it, it is obvious that the case has a lot of points, which would be considered as points of ethical dilemmas. One, who would simply state that the issues is not an issue at all, taking into consideration the fact, that Mr. Davidson clearly expressed his own will and he was in the sound state of mind when he did so, would be guilty of narrow-mindedness and inability of analyze the matter in a multifaceted manner.

    Read More

  • Analysis of Law Cases

    1766 Words  | 4 Pages

    Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.

    Read More

  • Common Law Case Study

    1370 Words  | 3 Pages

    Our client Ms. Melody Larson (“Ms. Larson”) has contacted our office to seek advice on whether she has any legal recourse. She wants to have Ferdinand Sahayko (“Mr. Sahayko”) to stop his operation of the industrial plant he owns or making him handle the operation in a way that will allow her to be able to return to do business as before. This determination will be based on whether the operation Mr. Sahayko’s plant constitute a nuisance under the laws of Florida.

    Read More

  • The False Claims Act

    1305 Words  | 3 Pages

    It resolved Abbott’s civil liability under the False Claims Act for paying kickbacks to nursing home pharmacies.

    Read More

More about Law Case

Open Document