Cardware
The content below is a memo report for a case study of a corporation named CARDWARE. A woman named MYRA is about to initiate a lawsuit against this company due to the injury she sustained in the course of a carpeting event for the company. The following content represents a legal report to Chief Executive of CARDWARE as regards the right step to take in the suit filed by MYRA.
Candie Cardigan, CEO
CARDWARE Inc.
From: AliceRe: Requirements for Negligence and possible Defenses To Myra's Claims
Hi Candice, it is Ashley. I have assembled credible defenses with which we would be able to close down Myra's case that resulted from the recent carpet walk incident (Writer Thoughts). Please go through the content and give me feedback. I'm optimistic that we will have a foolproof case. Requirements A defendant is held accountable for negligence when he or she breaches the responsibility owed by the plaintiff. Such responsibility is breached by the defendant if the defendant fails to implement a logical amount of care in carrying out that responsibility. Most outcomes from cases of negligence are determined by whether the plaintiff is owed any responsibility by the defendant. Such responsibility comes...
Negligence Torts, Duty of Care and Available Remedies People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedies. For instance, if someone's foot is stepped on a couple of times in a crowded elevator, it may be a tort but it also may not be a big deal. In some cases, though, the
Negligence of Auditors Policy Considerations In the past one decade, there have been rampant cases against auditors, reflecting both on the litigious nature of a plaintiff's bar, which encourages claims against independent certified public accountants Owing to this, there have been numerous literatures encouraging the imposition of civil liability on accountants whose actions fail to conform to professional standards. Therefore, many courts after considering the scope of an auditor's vulnerability to negligence have
Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence? Negligence "A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances" (West, 2008). To establish a claim of negligence, a plaintiff has to establish four elements: duty of care, breach of duty, factual causation, and damages (Berry, Sahradnik, Kotzas, & Benson, 2013). The duty of care
"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack of action, actually caused the harm suffered by the plaintiff. For example, the patient in the case actually suffered paralysis as a result of the surgery. It must be pointed
Negligence Generally, In order to sustain a cause of action for negligence, a plaintiff must establish that the defendant owed him a duty of care, that the defendant breached that duty of care by his negligent commission of an action (or by his negligent omission of action), and that the defendant's breach of that duty of care was the proximate cause of tangible harm to the plaintiff (Dobbs, 2001). In addition, and
Sanders's injury was more as a result of the "hard falls" of softball, rather than any sort of "rough treatment" that occurred as a result of improper supervision. The "rough treatment" category of head-butting football players can easily be distinguished from the more passive interaction between sliding ankle and first base. When the facts of a case clearly demonstrate improper supervision of "rough treatment" athletic activity, the courts have had
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