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Wal Mart Risk Involved
601 wordsThe topic that will be discussed in this paper is negligence. Negligence is any conduct which creates an unreasonable risk of foreseeable harm to another. There has to be risk involved in the case in order for there to be negligence. Therefore, if there is no risk involved, then there is no case for negligence. There are four basic elements of negligence that will be discussed in this paper. A plaintiff must prove in a court of law all four of the elements in order to win the case. The four elem...
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Punitive Damages Compensatory Damages
1,967 wordsRunning head: LEGAL FRAMEWORK Legal Framework [Student Name] University Affiliation PLAGIARISM REPORT 3 PERCENT QUOTES PROPERLY CITED Total Matched Phrases / Total Submitted 3 % (5 / 148) Expected Report Execution Time (peak) Abstract Negligence, in law is referred to as a breach of legal duty set forth by the law. Negligence, as tort refers to a careless act (or failure to act). Negligence leans towards behaviour or conduct rather than the bounds of a contract. In pursuing negligence litigat...
Free research essays on topics related to: tort law, legal framework, compensatory damages, recover damages, punitive damages -
Punitive Damages Recover Damages
2,011 words... the case based on the facts alone and regardless of the absence of a direct link to the actual cause of the accident. The defendant could use affirmative proof to rebut the presumption of negligence show that the accident or injury was not the cause of neglect on the part of the defendant (Biggs, n. d. , pp. 12 - 13). It is one form of circumstantial evidence, which allows any reasonable person to establish probable cause in negligence litigation's. The res ipsa loquitur conclusion is approp...
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Australian Legal System Part 1
1,644 wordsAustralian Legal System 1. Discuss the role of the High Court in the Australian system of government. Give examples. The High Court is the highest court in the Australian judicial system. The court was created in the early 1901 in correspondence with the Australian constitution (section 71). The main role of the high court is to interpret and uphold the Australian law, remain the judge in case of constitutional disputes or over the laws of Australia. Also the court should hear various cases from...
Free research essays on topics related to: personal injury, high court, federal court, power of judicial review, give examples -
Criminal Activity Third Party
2,259 wordsRe: Fitzhugh v. Fairview Gardens Partners Cause of action in negligence against the owner for injury to a tenant of an apartment complex resulting from third party criminal activity. Question Presented Under Oklahoma state law, does a tenant of an apartment complex in a high crime area have a cause of action in negligence against the owner of the complex for injuries suffered from third party criminal activity when, the owner fails to repair inoperative lights near a common passageway, fails to ...
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Product Liability Football Player
2,389 wordsEvery Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liab...
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