Search Our Essay Database

Essay Instructions: Prepare a two to three page paper, following the APA guidelines, detailing the elements of a negligent tort. At a minimum, your analysis must include the concepts of but for and proximate causation, duty of care and the various types of remedies available for a finding of tort liability. You are encouraged to research scholarly articles and appropriate websites to support the ideas contained in your paper.
1) Describe the basic elements of a negligence tort;
2) Provide a detailed analysis on duty of care, actual causation (but-for causation) and proximate causation; and
3) Discuss the types of remedies available to an injured party with a successful tort lawsuit (e.g., monetary damages, remedies based on equity).

Essay Instructions: The GFC and various large corporate collapses in recent years have led to a
significant number of claims in negligence by creditors and shareholders
against the auditors of the collapsed companies. However, courts have been
wary of allowing such claims because of policy considerations, including that
such indeterminate liability would lead to auditors ceasing to provide audit
services.
Discuss the above statement under the following areas-
1. Policy
(maximum 200 words)
2. Case law – choose 2 to 3 Australian case examples that have been
decided in the year 2000 or later. Choose at least 1 case that is not
listed in the text book. Explain the legal rules the court applied and the
main reasons for the court’s decision for each chosen case.
(maximum 300 words)
3. Explain how the current law regarding negligence of auditors differs to
the general principles of negligence set out in Donoghue v Stevenson
[1932] AC 562.
(maximum 200 words)
4. Do you agree with the current law? Explain why.
(maximum 200 words)

Essay Instructions: Phase 3 DB- Emerging Trends & Issues
Deliverable Length: 575 words

You have noticed that an increase in negligence lawsuits has occurred in your industry. The majority of these negligence lawsuits involved employee negligence. Because employers can be held responsible for the negligent acts of their employees, you decide that you want to conduct a department meeting to review the importance of following policies and procedures to avoid situations in which the company can be sued for negligence.

Prepare a handout detailing the following information that you plan on discussing during the meeting, including the following:

Identify and discuss the 4 elements of negligence.

Define respondeat superior, and discuss why this is an important legal concept of which employers should be aware.

Research, cite, and summarize a legal case involving respondeat superior.

Provide your opinion on whether you believe it is fair to hold employers responsible for the negligent acts of their employees

Essay Instructions: A statute required that air vent shafts on hotel roofs have parapets at least 30 inches high. Edgar Hotel had parapets only 27 inches high. Nunneley, who was visiting a registered guest at the Edgar hotel, placed a matresson top of a parapet. When she sat on the mattress, the parapet collapsed, and she fell into the air shaft and was injured. She sued the hotel, claiming that its breach of the statute regulating the height of the parapets consituted negligence.
Decide.
-Define and
-List the elements of negligence
-Apply to this case