Nobody downloaded yet

The Law of Torts, Product and Service Liability Law - Assignment Example

Comments (0) Cite this document
Summary
According to Capiro Industries vs. Dickman (1990), a tort can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe duty care to the neighbor. Each parson owes a duty care to his or her neighbor and should make sure that their actions are not harmful to other people around…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.4% of users find it useful
The Law of Torts, Product and Service Liability Law
Read TextPreview

Extract of sample "The Law of Torts, Product and Service Liability Law"

Download file to see previous pages Against this background, this essay seeks to critically analyse the cases of Haimes v Temple University Hospital [1981] and the Vandevender v Sheetz, INC [1998]. Based on the law of torts and product and service liability laws, the essay seeks to compare and contrast the facts, law, and merits of the two lawsuits. The paper will also evaluate aspects related to the facts, issues, judgment, as well as ethical issue related to the two cases. A summary of the main points discussed will be given at the end of the essay. In the case of Haimes v. Temple University Hospital [1981] it can be noted that much of the plaintiff's testimony concerned her psychic activities and her inability to practice these activities following the CT scan. To read an aura, according to plaintiff, it is necessary to go into an altered state, a state of deep concentration. She complains that her psychic activities have been negatively impacted and she can no longer perform the tasks she used to do. It can be seen that this affected the occupation of the plaintiff and this is the reason why she got a favourable judgement. The jury gave the verdict in the amount of $600 000 which included Dr. Haimes loss of a consortium. In view of the Pennsylvania Rule of Civil Procedure 238, the verdict was molded to include delay damages of $386,465.75 and this brought the total award to $986,465.75. However, the motion for a new trial of the hospital and the doctor was granted given that the verdict was considered as grossly excessive as to shock the court’s sense of justice. In the case of Vandevender v Sheetz, INC [1997], the employee sustained a back injury at work and she was not permitted to return to work by the employer as a result of specific restrictions. She then appealed and punitive damages were awarded as a result of the unlawful termination of her employment. However, the punitive damages were found to be excessive since they did not corroborate with the actual harm as well as termination of employment suffered by the plaintiff. A closer analysis of the case shows that the appellee was treated badly by the appellant, and that the appellant should have to pay her a fair amount of damages. In this case, the appelle was awarded $ 293,866.00 in compensatory and noneconomic damages for missing essentially four weeks of work as well as other related ill-treatment she received. However, an award of $ 2,232,740 is considered as too much. From the above cases, it can be noted that in order to prove the existence of day care duty, some conditions should prevail where a defendant can be taken to court if this duty is breached. Thus, the case of Capiro Industries vs. Dickman (1990), suggests that the following conditions should prevail in order for the plaintiff to win the case and these include: foreseeability, proximity as well as reasonability. Terry & Giugni (2009) concurs with this notion when he says that the following elements should be proved by the plaintiff in order to be successful in winning the claim. There is need to show that the defendant owed the plaintiff a duty of care, this duty has been breached by falling below expected standards, the defendant’s conduct caused the plaintiff to suffer physical or economic harm (causation) and the injury suffered was remote or foreseeable. However, it is not always easy to prove that the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Law of Torts, Product and Service Liability Law Assignment”, n.d.)
The Law of Torts, Product and Service Liability Law Assignment. Retrieved from https://studentshare.org/law/1451714-the-law-of-torts-product-and-service-liability-law
(The Law of Torts, Product and Service Liability Law Assignment)
The Law of Torts, Product and Service Liability Law Assignment. https://studentshare.org/law/1451714-the-law-of-torts-product-and-service-liability-law.
“The Law of Torts, Product and Service Liability Law Assignment”, n.d. https://studentshare.org/law/1451714-the-law-of-torts-product-and-service-liability-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Law of Torts, Product and Service Liability Law

Law of Torts

...? Law of Torts By 26, Mar Introduction Duty of care is a key element, and indeed the foundation of the tort of negligence. The modern concept of the duty of care has its roots in the case of Donoghue V Stevenson.1 In this case, Lord Atkins established that to prove the tort of negligence, the claimant has to cross 3 hurdles, that is, establish that the defendant owed him a duty of care both in law and fact, that the claimant breached the duty of care, and that as result of the breach, the claimant suffered a damage that was caused by the defendants breach (causation). Consequently, for one to establish the tort of negligence, one must establish that the other party was not only careless, but also that there existed a relationship... . But to...
12 Pages(3000 words)Coursework

English Torts Law

...?Topic:  Torts Essay Question: Does the idea of proportional liability- that the defendant pays for the chance that her negligence caused the claimant’s injury-serve justice? What is the proper scope of such idea in English Law? Where the defendant’s negligence caused the claimant’s injury - justice is equitably served when the defendant is held liable for the claimant’s injury. The defendant is required under English Torts Law on negligence to compensate the claimant by payment of damages or fine or by heeding an injunction as duly determined by the court. This should effectively deter people from being careless in the conduct of their duties. In a way this intends to enforce a standard of behaviour, to protect the life, welfare... , this is...
6 Pages(1500 words)Essay

Torts law problem

..., the Council rejected the proposal, on account of flood risk. Due to the refusal, and no other recourse left with Rhett, he had to sell his land to a local farmer at a substantial loss. Now from the facts above, it is quite clear that, there was injustice meted out to Rhett. Now, the problem that Rhett is facing has a solution in Law of Torts. Law of Torts is the field of law which deals civil harms that may be caused to a person. The concept of negligence is integral to the Law of Torts. The definition of negligence under tort law states that, “the breach of a legal duty to take care,...
7 Pages(1750 words)Essay

Ethics Questions: Torts and Product Liability

...?Running head: Torts and Product Liability Ethics Questions Insert Insert Insert 05 October Torts and Product Liability Introduction A tort is a civil action that causes injury to property or a person and is brought to court by the injured for compensation of the civil wrong committed. In criminal law, the state may order the individual who has committed the crime to compensate victims; however, in the law of tort, victims are not part of the criminal action and they themselves sue criminals for compensation. According to Paul (2011, p.225), law of...
4 Pages(1000 words)Essay

Torts Law Problem

... Task Torts Law Problem In the scenario, Cathy may seek a legal redress against MoreeRE under the tort of negligence for misrepresentation or negligent advice. The cause arises as against MoreeRE under the doctrine of vicarious liability that provides that, an agent’s action is binding upon the principle if the employee was discharging his/her duties in the course of employment. In Lloyd vs. Grace Smith & Co, 1 the court held that a principle is variously liable for the fraud of an agent acting for a corporation. By employing this rule, John was an employee of MoreeRE and was making representations for the company in his dealings with Cathy. His actions could therefore be interpreted as being binding upon MoreeRE Company, and thus... ...
5 Pages(1250 words)Case Study

CyberTorts, Strict Liability, Products Liability, Consumer Protection

...? TORTS Cyber Torts, Strict Liability, Products Liability, Consumer Protection Introduction The business world is governed largely by 2 types of law,contract law and tort law. Contract law pertains to the specific terms and conditions involved in the supply of a particular product or service. On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these...
3 Pages(750 words)Essay

Law of Torts: Negligence

...?Law of Torts: Negligence Negligence pertains to doing or failing to do something that a reasonable person would or would not do under certain situations, which causes injury, damage, or losses to another person as a result (Keenan and Smith 2006). Any person suing for negligence is potentially seeking financial compensation for damages. The compensation is meant to put them in the position they were before the case of negligence occurred. Kelly, Hayward, Hammer and Hendy (2011) note that before a plaintiff can sue a person for damages related to negligence, there are elements that have to be proved before a court of law by the plaintiff. In this case, whether or not negligence has occurred will be a matter of satisfying... against, Jed and...
5 Pages(1250 words)Essay

Law of Torts

...1 Law of Torts I would advise Mr. Andy that his accident occurred in the type of area commonly known for producing similar types of vehicle mishaps, and it will not be necessary for him to prove any type of vicarious liability. It is the duty of the owner to make the property safe. . in the case of McWilliams V. Sir William Arroll 1962, the 'but for' test is applicable on the premise that he (Mr. Andy) would not have sustained the injury but for the breach of the (property owner) defendant. Moreover as in Anns V Merton (1977), Lord Wilberforce proposed a two-staged testonce neighborhood was established, there is a prima facie duty of care, which can only be rebutted on policy...
4 Pages(1000 words)Essay

Torts Law

...Torts law Introduction Liability for negligence is founded on the principles of duty of care, breach of that duty and the resultant damage and loss. The defendant must have been implicated in all these circumstances to become liable. In the instant case, the service provider Family Friendly Fishing had a duty of care to their patrons Mickey and family in that the fishing vessel and accessories should have been kept free from defects especially as the ones involved in dangerous sports. Though the captain of the vessel Neil already warned the service provider of the defective condition of the fishing equipment, the service provider...
8 Pages(2000 words)Essay

Torts; CyberTorts; Strict Liability; Products Liability; Consumer Protection Law 3

...edition, Oxford, University Press Granmar C. (2010).Trade mark Paradoxes in European Brand Competition. Doctoral dissertation European University institute Cornish, L.(2010).Intellectual Property, Patents, Copyright, Trade marks and Allied Rights. 6th edition, London & Maxwell OECD,(2008).The Economic Impact of Counterfeiting and Piracy, OECD, p. 87. OECD, (2008).The Economic Impact of Counterfeiting and Piracy, OECD, p. 46 Boyd, C. (2005).Point of View: Alpha-Numeric Brand Names” Journal of Advertising Research, 25 (5), p.48, Communication from the Commission to the European Parliament. (2008). The Council and the European Economic and Social Committee, COM, 465/3 p.7, ECT,(2009).Excluding domestic production and...
2 Pages(500 words)Essay
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 Assignment on topic The Law of Torts, Product and Service Liability Law for FREE!

Contact Us