Nobody downloaded yet

WORKING IN THE LAW - Essay Example

Comments (0) Cite this document
Contributory negligence is quite a barrier when it comes to seeking justice for many people across the world. The harsh application of the doctrine is unbecoming in cases where a person is capable of avoiding taking responsibility for the injuries he or she causes due to carelessness…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
Read TextPreview

Extract of sample "WORKING IN THE LAW"

Download file to see previous pages Those who advocate for the abandoning of this doctrine recommend comparative negligence, which is considered more equitable than this.2 When applying contributory negligence, the person who is injured ends up being forced to bear all the losses despite the losses having been caused by a second party’s misconduct.3 The person who is injured in this case assumes the collective burden while the defendant is given a chance to avoid taking personal responsibility for having caused the injury in question4. Spencer Dalyan Vs. Samson Singer This case involved two friends Mr Singer (who is my client, the defendant) and Mr Spencer (the plaintiff). Mr Spencer used to go visit Singer, his friend who was a contractor in Los Angeles. Spencer liked seeing new buildings under construction and would go visit the construction sites even when his friend Singer was absent. At times, Singer would even call Spencer to go and check whether his casual labourers had done the work assigned to them in case Singer was not able to make it to the site. One Friday evening, Spencer went visiting the construction site near some posh neighbourhood he was interested in settling there some day. During this visit, he happened not to inform Singer since it was sort of a routine when he was free and did not see the need to call his friend to inform him of this. Spencer climbed up to the second floor of this new unfinished building to have a clear view of the ocean. Unfortunately, while standing on the edge of the balcony, he happened to step on a wet blast that had been placed some few minutes ago before the workers had closed the work. This happened because he was so curious of the view and forgot to look at where he was stepping. Spencer slid and fell down the building but was lucky to have sustained fractures on his jaw and hand with some bruises on the lower part of the limbs. Court case for contributory negligence Various contributory negligence issues were presented by both parties: Plaintiff Spencer sued his friend Singer for damages since there was no sign indicated that the place should not be accessed until it dries and no wet floor warnings had been put and therefore Singer should foot the bills and pay for contributory negligence by paying damages to injuries sustained by him. The plaintiff Mr Spencer argued that Singer should have put signs to show that the concrete was wet and warn anyone to be careful not to access the floor. Alternatively, he argued that the entrance to the floor with wet concrete should have been sealed. He therefore demanded that Singer takes full responsibility for contributory negligence which led to the injuries. Defendant (my argument) When presenting the case to court against the suit, I argued that the plaintiff was fully responsible for his injuries since they occurred out of personal negligence. I raised various issues to defend my case. First, the claimant was not an employee to my client Mr Singer and therefore not authorized to visit the construction site. This meant that the building was only accessible to the workers of Singer and no other person unless it was completed and opened to the public. Second, the plaintiff neglected the fact that this was a building under construction and therefore wet concrete was inevitable and should have taken time to look at where he stepped first before he made the move. He was hence not concerned with his safety and this negligence led to his slide. Thirdly, the claimant did not even inform the defendant that he was visiting the site in his ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“WORKING IN THE LAW Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from
(WORKING IN THE LAW Essay Example | Topics and Well Written Essays - 1750 Words)
“WORKING IN THE LAW Essay Example | Topics and Well Written Essays - 1750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Working Practices

...and Gender Ideology on Earnings: Race and Gender Differences.” Humanities, Social Sciences and Law. 27 (1). Ng, TWH. 2008. “Long Work Hours: A Social Identity Perspective on Meta – Analysis Data.” Journal of Organizational Behavior 37 (3). Schultheiss, Donna. 2006. “The Interface of Work and Family Life.” Professional Psychology: Research and Practice 37 (4). Strangleman, Tim. 2008. “Sociology, Social Class and New Working Class Studies.” Antipode 40 (1). Voydanoff, Patricia. 2004. “The Effects of Work Demands and Resources on Work to Family Conflict and Facilitation.” Journal of Marriage and Family 66 (2). Watson, Tony. 2006. Sociology,...
12 Pages(3000 words)Essay

Working Conditions

...? Obesity at the Workplace The problem of obesity became one of the most serious. More and more obese people are met in the street. According to recent official data 35.7% of American citizens are obese. Unhealthy food and sedentary life affect people’s life negatively. Last time much attention was paid to the issue what problems obesity can cause at the workplace. The research showed that it really causes many problems for employers as obese people miss work frequently because of poor health, their productivity is much lower than the productivity of people with normal weight. One way to struggle with obesity is workplace health promotion that can be defined as "the process of enabling people to increase control over, and...
2 Pages(500 words)Essay

Working capital

...method works around the principle that goods acquired more recently are more expensive, meaning income tax is lower, COGS is increased and decreases net profit. Record keeping may also be easier using LIFO, because goods are sold from the earliest piece of inventory there will be less unsold goods to keep a record of. In FIFO, the earliest goods may stay in the inventory for many years and therefore increases the need for record keeping from an early date. Goods from a number of years ago (as found in FIFO) may also cause the need to record strange fluctuations in cost of goods because their purchasing price may be radically different from the present day. 2. Depreciation Depreciation is the decrease in cost of assets....
3 Pages(750 words)Assignment

Working conditions

...Working Conditions Module 5 2 Ethical issues abound in the 21st century workplace. As such, all the actions of employees, employers, stockholders, and the like must always be the epitome of transparency, respect, and most of all, actions must be above board in order to prevent any ethical question pertaining to the actions of the company. By identifying the normative ethics involved in running an insurance company, and explaining what the company's utilitarian and deontological duties are, we will have discovered the proper path towards ethical decision making within the company. Through my analysis of the situation at the insurance company and its corresponding ethical responsibilities, I should be able to effectively...
2 Pages(500 words)Coursework

A working definition of human rights & the ECHR, looking at the Freedom under the Constitution: Human Rights and Civil Liberties in English Law prior to 2000

... were defined in numerous court decisions; for the instance in R v. Country Quarter Sessions Appeals Committee, the decision was taken that the term “breach of peace” did not constitute a criminal offence. , yet the term was not defined and further attempts to formulate it were made in various other court decisions. The same pertains to other aspects of the English law, the major rights of the Convention were protected and if there was any need they were amended. That is why one might claim that the main rights of the convention were recognized and protected. Works cited. A. V. Dicey, INTRODUCTION TO THE STUDY OF THE LAW OF THE CONSTITUTION
4 Pages(1000 words)Essay

Working condition

...Working Conditions Safety Standards in Meat Packing Industry Submitted by: XXXXXXX Number: XXXXX of XXXXXXX XXXXXX Subject Code: XXXXXX Date of Submission: 20th March 2009 Number of Words: The article explains the conclusions and recommendations of the Human Rights Watch with regard to work safety, particular where it concerns immigrant workers. Do you agree with these recommendations? Introduction: The meat packing industry is one with a number of incidents, injuries and illnesses. The nature of the job is one which requires high levels of health and safety regulations. A meat packing shop as understood is one which includes use of knives, hooks and circular saws to a great extent. These can to a...
5 Pages(1250 words)Essay

Working Conditions

...Working Conditions What is the most dangerous job at the company? Horizon Nuclear Power is a nuclear plant stationed in United Kingdom. Just like any other job, there are often risks associated with it hence making the highest risk jobs as the most dangerous (Mulembo, 2007). The most dangerous job in this company is majorly done by a nuclear engineer. A nuclear engineer is the person in charge of the nuclear material, and ensures it emits and produces the right amount of energy from the splitting atom. Nuclear engineers are at risk of radiation exposure due to the proximity to the radioactive substance (Mulembo, 2007). In addition, in the reactors, there always exists a high risk of an explosion occurring in case...
2 Pages(500 words)Essay

Wk 4 Compare the different law enforcement tactics to combat human trafficking. Is law enforcement criminal intelligence sharing and cooperation on human trafficking working

...the different law enforcement tactics to combat human trafficking including criminal intelligence sharing and cooperation is working. I would say that based on the research in the 2 articles provided it is working at least to the extent of slowing down the rate of increase of human trafficking incidents if not actually decreasing them. Some of the causes of human trafficking are beyond the direct control of law enforcement such as poverty, political and/or social inequalities, natural disasters like Katrina and political influences. Also the extent of human trafficking is difficult to quantify due to the reluctance of victims to alert law enforcement...
3 Pages(750 words)Essay

Working and non-working students

...Working and Non-Working of Working and Non-Working Contemporary mid-sized public universities (colleges) and high schools annually receive enrollments from working and non-working students. As by the academics in varied disciplines, the proportion of students working while studying has been increasingly progressively over the years (Berkel, 2010). Working students exhibit a repertoire of similarities and differences in the context of the college fraternity. Whether the class grades, participation in co-curricular activities or time spent on enjoyment/socializing, the similarities and differences between...
1 Pages(250 words)Essay

The Ethical Decision Making Process within the Law Enforcement Organization.An Examination of Inappropriate Unethical Behavior from Law Enforcement Officers while Working within the Communities

...Thesis Research Proposal The Ethical Decision- Making Process within the Law Enforcement Organization. An Examination of Inappropriate Unethical Behaviour by Law Enforcement Officers while Working within the Communities. Vontrese James Sturdivant American Military University April 18, 2015 Introduction The propensity of unethical behaviour among the law enforcement officers reached its toll in the 20th century in the United States (Geach & Monaghan, 2012). Many cases of unethical conduct among the officers in working within the communities involve excessive use of power and corrupt cases. The question on the application of ethics and the principles of...
5 Pages(1250 words)Thesis Proposal
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic WORKING IN THE LAW for FREE!

Contact Us