Essay Instructions: In a well-written paper, relate your professional or personal experience in the business world to tort law and the readings for the week.
• Identify and clearly define the relevant law, either defining a legal doctrine, provisions of a law, or elements of a specific cause of action.
• Apply facts from your situation to the applicable law, doctrine or cause of action studied.
• Clearly summarize lessons learned from the week as they apply to your fact pattern and make links to the readings and/or module.
• Include new thoughts or ideas based on the module information. This is your reflection/insight that logically would flow from each information point presented.
• Make sure your experience actually relates back to the material for the week.
In the area of torts, for instance, we see many causes of action that are comprised of “elements.” Define each element and apply facts from your situation to the law or elements. For instance, if you write about a situation involving negligence, you would define negligence stating “Negligence occurs where a person’s conduct falls below the standard of care, resulting in a breach of duty which is the direct and proximate cause of injury to another person or thing. The elements of negligence are: 1) duty; 2) breach; 3) causation; and 4) damages.”
Your paper should be 2-3 pages in length, not including the title or references pages. Make sure to follow APA guidelines.
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Essay Instructions: An item that has been recently recalled by the CPSC is that of Trident Diving Equipment. In this instance, the item has the propensity to cause drowning in those who use it. Trident has received one report of the hose leaking. No injuries have been reported due to the use of this product however. If the product has not been recalled, the manufacturer would have been liable for the drowning death of those who use the product. According to tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In many instances, consumers must be able to prove an act of negligence. In the instance of the Scuba diving air hose, the manufacturer should have done considerable research in order to maintain the air within the hose. When diving into water, consumers have a reasonable expectation to assume that the hose would not leak. Providing consumers with a leaky hose that could potentially result in unsuspecting deaths could be deemed as negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. According to research reports, the actual causation of the leak was due to falter materials within the hose itself. Again, this could potentially be negligence on the part of the manufacturer. In this instance, the materials used would less expensive and lower quality as oppose to those of other manufactures. The lower quality material and craftsmanship resulted in a faulty product that could cause death to users through drowning. Naturally, the manufacturer could defend these claims through proof of testing, proper warning labels and the companies overall due diligence. However, they must maintain that they did use a standard of care when producing the product.
A relevant consumer protection statute that relates to the above case is the Fair Packaging and Labeling Act. This Act directs the Commission to issue regulations requiring that all consumer commodities disclose net contents, identity of commodity, and name and place of business of the product's manufacturer, packer, or distributor. In addition, the act authorizes additional regulations where necessary to prevent consumer deception. In the instance of the above recall, the manufacturer must have in place adequate labeling in order to educate the consumer regarding the product, where it came from and proper use of it.
CAN YOU ADD TWO MORE PAGES PLEASE
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Essay Instructions: Case: Tort Law
Bobby and Rachel were playing basketball on the school playground with a brand new backboard and rim build and installed by ACE Sports. When Bobby, with a boost from Rachel, tried to slam dunk the ball, he injured his wrists cutting them on the rim which had small pieces of metal sticking out from it.
There were no teachers or supervisors on school grounds at the time and the cuts were so severe that Rachel could not wait to call for help and was forced to take Bobby to the hospital on her bike. When they arrived at City General hospital, Bobby was immediately seen by a nurse who wrapped two large towels onto Bobby's wrists. Nurse Williams told Bobby to put pressure on the cuts while she tried to get a hold of his parents. Bobby was then directed to wait in the waiting room while his mother was contacted for insurance information for payment and consent. Bobby's mother was reached 75 minutes later. Because of lack of insurance Bobby was transferred to a local county facility for treatment.
Once seen by the county emergency room physician, Bobby was referred to Dr. Andrews for immediate surgery. Dr. Andrews determined that due to delays and extent of injuries Bobby's right hand/wrist would need to be amputated. The surgeon made all arrangements and the surgery was completed 3 hours later. When Bobby awoke with mother at his side, he was told that the left wrist was amputated in error and that he would require additional surgery to amputate the right wrist.
As a result of the circumstances in the hospital Bobby was left with both hands/wrists amputated.
Using the background materials as a foundation, research other sources and prepare your response to the following questions:
Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.)
Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA.
Define comparative negligence and discuss its application to the analysis of liability.
Discuss joint and several liability.
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Total Pages: 10 Words: 3115 Works Cited: 5 Citation Style: MLA Document Type: Research Paper
Essay Instructions: I want to write a paper on tort law and also include the pros and cons and the importance to business environment and how it affects American business dollars per year on frivolous lawsuit or extraordinary verdict. You might try to look at the website for the US Chamber of Commerce for that kind of information; you could investigate several of the proposals for tort reform, comment on how they could make us more competitive and find a case that has happened and relate to paper you will be writing Equally, there is data on how this could negatively impact the consumer. You could look at proposals to change laws relating to malpractice suits. I am sure that there is data as to how much this adds to doctor and hospital insurance premiums. I am looking for about 10 pages with 4-6 references
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