A number of aspects of liability rise from this case study and each
one will be discussed.
With regards to the headaches suffered by Karl, it is necessary to
look at private nuisance. Negligence is disregarded as it is assumed
from the details in the case study that the headaches suffered are not
so serious as to cause personal injury, it is just described as ‘mere
discomfort’. Such a claim under the law of nuisance requires three
factors to be fulfilled. The first being a continuous interference.
This is shown in De Keyser’s Royal Hotel v Spicer Bros Ltd (1914) 30
TLR 257. From the case study one can assume that it is a continuing
interfering act and not a one off.
Secondly, the interference must be unlawful or unreasonable. This is
up to the claimant to prove. The rule for this is sic utere tuo ut
alienum non laedas (So use your own property as not to injure your
neighbour's). The locality in this instance reflects the
unreasonableness of Jane’s actions. It occurred in a residential area
and therefore such Gases were not to be expected. The duration of the
act will also be taken into account. Because Jane is a young inventor
it is assumed her work is an ongoing process and not a one off as
explained above. The seriousness is also considered. In Walter v
Selfe (1851), Knight-Bruce V C said “an inconvenience materially
interfering with the ordinary comfort physically of human existence,
not merely according to elegant or dainty modes and habits of living,
but according too the plain sober and simple notions among the English
people.” This shows Jane’s actions would be deemed unreasonable,
heightened by the fact that the incident occurred in a housing area,
not an industrial estate. The sensitivity of the defendant, the
utility of his conduct and a malicious aspect may be also discussed
but this is not relevant in this case. Thus the second aspect of
unlawful or unreasonable interference is established.
This can be seen when Jeannine mentions “ her supervisor spends the best part of is time organizing her work and verifying it later. At the very beginning, that tight supervision turned out to be very useful as a means to grasp the norms of the company.”( Dansereau 1997) Jeannine also expresses that she wanted the freedom to express her knowledge by utilizing her potential by the mention in the text as “Jeannine do not believe that she ever needed help to figure out what she had to do and how to do it. She yearned to make a difference and leave her mark.” (Dansereau 1997) It is also mentioned that “ Jeannine knows that she is a good programmer, but she does not believe that the company knows it despite the fact that she was hired on the basis of her competencies in programming. (Dansereau 1997)
...les she had set for herself but she feels that she did a good job at her project. She was alarmed by the way that some of her co-workers lived and felt that she learned a lot from her experiences.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
sufficient changes to remove her from poverty. As much as she desires to work at a job which is
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
The woman in Woman work is unhappy with her life. She has many jobs to
if she wanted to make something of herself she would have to work many times
...hem as the result of her efforts, and then conclude that she has the ability to confront the problems she has.
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game?
This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.
and she makes it clear that she is fed up of working hard, like when
The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife’s estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys “R” Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in-ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support.
work and is about to get married. The only work she has done is when
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...