Related questions
Question
Henry is driving his car when suddenly the brakes fail. He is unable to stop and crashes into a motor cycle ridden by Susan who is not wearing an helmet. The motor cycle is damaged and Susan is severely injured.
Using at least two decided cases, advice all parties of their legal positions in civil law.
B. Distinguish between assault and battery. Use appropriate examples and case law to substantiate your answer.
SAVE
AI-Generated Solution
info
AI-generated content may present inaccurate or offensive content that does not represent bartleby’s views.
Unlock instant AI solutions
Tap the button
to generate a solution
to generate a solution
Click the button to generate
a solution
a solution
Knowledge Booster
Similar questions
- In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.arrow_forwardDiscuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?arrow_forwardCase4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsarrow_forward
- Please answer this very simple question displayed with the image abovearrow_forwardAssume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.arrow_forwardLucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.arrow_forward
- Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVEarrow_forwardErin is a lawyer with twin sons that are 12 years old. Erin is resting in her bedroom when she hears loud noises in the family room. She springs up, runs to the family room, and sees one son, Phil, punch the other son, Kip. Erin immediately orders Phil to stay in his room for the rest of the day and to not use the internet for 48 hours. As Phil mopes along the hallway to his room, Phil shouts. "Kip punched me first!" What legal principle would Erin recognize Phil's remark as being? O ad hoc because Phil is adding an accusation against his opponent Kip. O in pari materia because Kip attacked in the same manner as did Phil O caveat emptor because Phil thinks he is right. O jus ad bellum because Kip's action is what actually started the fight (the "war") O in pari delicto because they (Phil and Kip) are at equal fault.arrow_forwardListen This right is implied in the Constitution (9th and 14th Amendment) and is one all healthcare organizations and professionals must be aware of to avoid lawsuits and comply with HIPAA standards. fraud invasion of privacy negligence assault and batteryarrow_forward
- Thomas, a salesman, enters Jimmy’s yard even though there is a sign outside that says “No salespeople allowed’. Jimmy, who is much smaller than Thomas, threatens him with a broom handle. Thomas wrestles with Jimmy and in the process damages a valuable antique chair on the front porch. Advise each party of their legal rights. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).arrow_forwardWilliam Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.arrow_forwardAlan rents a flat in a block of units in the eastern suburbs of Sydney. One summer evening, during a balcony BBQ, Alan tosses several empty beer cans onto the adjoining balcony of the flat rented by Jimmy. What redress in law, if any, does Jimmy have?arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios