| Papers [1-16] of 85 :: [Page 1 of 6] | | Go to page : 1 2 3 4 5 6 —> | Search results on "NEGLIGENCE": |
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Comparative Negligence, 2006.
This paper discusses the topics of negligence vs. comparative negligence concerning helmet liability.
675 words (approx. 2.7 pages), 3 sources, AU$ 28.95
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Abstract
This paper describes issues of legal negligence ascribed to a coach based on a football player's failure to buckle his football helmet during play which resulted in an injury to the student's neck. Immunity, negligence and comparative negligence are examined in the paper. The paper finally makes a determination, along with assumptions in making the determination, that the proper defense was comparative negligence.
From the Paper
"We live in a litigious society. People who feel they have been wronged will file lawsuits against whom ever they can ascribe blame to; school coaches are no exception. While the laws governing tort liability vary per state, this paper will describe a generic football based neck injury for failure to buckle a football helmet during play and discuss the legal categories of negligence and comparative negligence as applicable to this case. The paper will conclude with a discussion on which of the two categories is more appropriate as a defense. The injury: Bobby Jones, a high school senior on the varsity football team had been playing junior high and high school football for the last 6 years. During one of the final games of the season, despite the coach's explicit directions to buckle his football helmet, Bobby failed to do so."
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Product Liability and the Law of Negligence, 2006.
A look at product liability in terms of the law of negligence and its development as a part of tort law over the past two centuries.
1,575 words (approx. 6.3 pages), 5 sources, AU$ 66.95
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Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.
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Negligence Law, 2007.
A case study analysis discussing the particulars of negligence law.
1,732 words (approx. 6.9 pages), 6 sources, MLA, AU$ 59.95
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Abstract
This paper presents a case study discussing negligence law. It describes the particulars of the case and then lists the points that are necessary in order for someone to be found negligent. The paper describes the courses of action that can be taken by both parties and what their defenses would be. It then describes the likely outcome in this particular case.
From the Paper
"As said before, because there is a legitimate question as to Giselle's employer's fault, the liability insurance company will most likely decide that it is in their best interest to continue to defend the case. Their next move will be to file a Motion for Summary Judgment, which as the court to dismiss Monty's action do to it lacking any debatable issue of fact. Monty will have a time to respond to the Motion. After the judge receives all the moving papers, he or she will issue an opinion."
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English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, AU$ 37.95
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Abstract
This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper
"There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
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Nursing Negligence, 2005.
This paper discusses a case study of a situation in which a nurse decides on her own to continue treating a patient, contradicting orders.
2,025 words (approx. 8.1 pages), 9 sources, AU$ 85.95
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Abstract
The paper reports a case study of a real situation in which a nurse decides on her own to continue treating a patient and not to call the doctor as instructed. The paper explains that this could create a difficult situation and also shows a problem with communication in this particular institution. This raises questions about the preceptor program and the lesson to students.
From the Paper
"Procedures for medical treatment are set by the doctor and the instructions are meant to be followed. Only extraordinary circumstances should intervene to cause the nurse practitioner to stray from the course set by the doctor. Short of such extraordinary circumstances, the nurse should adhere to the orders of the doctor and should consult with the doctor if a change is to be suggested. In a case such as the one under discussion, though, the nurse has decided on her own not to involve the doctor and to continue the procedure even when that situation reaches a point beyond which she was told specifically what to do,and that was to call the doctor. She is substituting her own view of the needs of the patient for those of the doctor and assuming that his admonition regarding the temperature can safely be ignored."
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Negligence of International Treaties and Amnesty Rulings, 2002.
Addresses the issue of human rights in relation to South American revolutions.
3,900 words (approx. 15.6 pages), 10 sources, AU$ 152.95
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Abstract
Several countries will be selected in this paper in order to present a coherent view of how South American revolutions came about, as well as how the rights of those who live within these countries are abandoned in pursuit of comparative freedom. This paper shall focus primarily on the country of Brazil, as Brazil has settled the majority of its internal conflicts. As this is the case, there is a great deal of documentation of Brazil and on the violation of human rights that occurred during the half-century of its civil war.
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Tort of Negligence and Patient Information, 2007.
A case study presentation discussing the issues of consent and liability in the Australian medical field.
4,357 words (approx. 17.4 pages), 14 sources, APA, AU$ 122.95
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Abstract
This paper discusses a shift in Australian law towards the rights of the patient as compared to medical standards or the expertise and discretion of the doctor. It focuses on how this shift has created a crisis of insurance and malpractice claims in Australia. The paper presents a hypothetical case study centered on a patient, Rhonda, advised to undergo surgery in order to investigate a possible malignancy situated near the spinal column. The paper then discusses the consent and liability issues that are associated with the case.
Table of Contents:
Introduction
Refusal versus Consent
If Consent was Given
The Hospital's Possible Liability
Defences against Rhonda's Possible Claims
Concluding Remarks
From the Paper
"An obvious weakness in the Patient's Rights approach which demands that physicians produce all possible information regarding proposed procedures or treatments towards informed patient consent rests in matters of sheer information, the ability of the patient to interpret it, and with doctors relying on the research community as a kind of de facto alibi it is not meant to be in order to reduce their personal liability. One does see the room for sometimes ludicrous results in cases of routine procedures, not to mention in dealings with patients or their guardians of kinds apt to sue opportunistically. Despite altered tort law hoped to remove the worst effects of the medical indemnity and insurance crises it seems likely that conservatism may prevail, for some years, in Australian medicine. As in the U.S. and elsewhere affected by much litigation, a typical response on the part of doctors is to recommend treatments including surgery sparingly."
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UK Courts Right, 2001.
This paper looks at the issue that UK courts reserve the right to decide that even accepted medical practice may be negligent, yet seldom seem to use it.
4,000 words (approx. 16.0 pages), 6 sources, AU$ 115.95
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Abstract
This paper looks at the topic of court cases which dealt with negligence by medical institutions or persons. It explains the definition of the law that medical services have the duty to provide as best care as possible. The paper brings down numerous cases as examples.
From the paper:
"Medical litigation cases have been rising rapidly with patients' awareness of the laws designed to protect them against harm from those who they should be able to trust the most, their doctors and dentists. The most widely litigated issue us that of medical negligence. The term negligence refers to a various failures including the failure to guard against the risks of harm to others. An example of negligence is professional malpractice where professional standards of practice are not met. Negligence can be filed in two ways criminal and civil. The standard of guilt is the same for both of them, however the burden of proof is different. In a civil case, the plaintiff must prove the balance of probabilities, where in a criminal negligence the burden of proof is beyond reasonable doubt [Kian, 2001]."
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Strict Liability, 2008.
An analysis of how legal costs and social costs are affected within a society by the strict liability rule via a comparison with negligence.
1,365 words (approx. 5.5 pages), 0 sources, APA, AU$ 48.95
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Abstract
This paper presents a general framework that explores aspects of the law and then presents a comprehensive analysis to highlight how aspects of strict liability affect activities related to optimal care levels and most importantly how strict liability relates to negligence.
Table of Contents:
Abstract
Introduction
Example 1
Example 2
Example 3
The Efficiency of Strict Liability: Negligence versus Strict Liability
Negligence versus Strict Liability: Legal, Economic, and Social Perspectives
From the Paper
"There is however, arguments that strict liability as a criminal process can lead to an unbalanced and unfair legal system, since it imposes guilt without due process. Is this a violation of individuals Constitutional Right and is imposing some social value or process on their activities or behavior? A typical example in many US is related to statutory rape - that is, this is considered a strict liability offence in many states. That is, not knowing the actual age of a minor is irrelevant in many states and the accused can be prosecuted and convicted irrespective of the details behind the case."
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Health Care System and Lawyers, 2006.
A discussion regarding the role of the lawyer in incidents of medical negligence.
900 words (approx. 3.6 pages), 2 sources, AU$ 37.95
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Abstract
This paper considers the idea in the question "To what extent has the lawyer's role in bringing justice to patients injured by medical negligence actually been a cause of the crisis in our health care delivery system?". The paper finds that the problem with health care is not litigation but aspects of the system itself, as reflected in an article by Gibbs and Bower.
From the Paper
"America is facing a health care crisis on several levels, with one aspect being rising costs as well as a climate of fear that prevents medical personnel from doing all that they can to make the system more responsive. One aspect of this is the system of litigation doctors often face when they make a mistake, raising the following question: "To what extent has the lawyer's role in bringing justice to patients injured by medical negligence actually been a cause of the crisis in our health care delivery system?" The issue is raised by those who see high insurance costs for malpractice insurance and who cite large jury awards to plaintiffs who sue doctors or hospitals when a treatment fails."
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Proximity and Reasonableness in Law, 2005.
An analysis of use proximity and reasonableness in negligence cases in English law.
1,948 words (approx. 7.8 pages), 21 sources, APA, AU$ 66.95
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Abstract
The paper discusses the concepts of proximity and reasonableness in relation to the law surrounding negligence. The paper also raises the question as to whether the judiciary's reliance on such tests is in fact a way of disguising judgements that have their foundations in policy rather than law.
From the Paper
"It is possible to argue that the terms "proximity" and "fair, just and reasonable" are covert devices for the courts to decide cases on policy. In the case of Hill v Chief Constable of West Yorkshire the mother of the last rape victim that was killed by Peter Sutcliffe (The Yorkshire Ripper) sued West Yorkshire Police for negligence. She alleged they had not used reasonable care in apprehending him. Her lawyers argued that the police had been careless because they had failed to apprehend Sutcliffe earlier even though he had been brought in earlier than his eventual arrest. They argued that had Sutcliffe been apprehended earlier his final victim, Jacqueline Hill, would not have died. The House of Lords rejected this on the basis that there was insufficient proximity between the victim and the police. Lord Keith also refused to impose liability on policy grounds. His Lordship held that to impose liability in such circumstances would be counter productive."
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Issues of Causation and Remoteness, 2008.
A case study analysis of the tort of negligence with regards to causation and remoteness.
3,116 words (approx. 12.5 pages), 15 sources, APA, AU$ 96.95
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Abstract
This paper examines the issues of causation and remoteness in a tort of negligence claim. It provides a case study of a man who offers to fly a group to Disneyland in a private jet and breaches his duty of care when he drinks some alcohol in an effort to calm his nerves. The paper discusses the details of the case from a legal perspective and discusses the issues that arise.
From the Paper
"As it is unclear whether her arm could have been saved had Rachel been sent to see the consultant earlier we cannot apply the "but for" test. The delay in treatment may have reduced Rachel's chance of a full recovery; however, for such an argument to succeed it needs to be proved on the balance of probabilities to at least 51%. If a loss chance was recognised by Abby's failure to recognise the injury in time to treat it, then Abby would be liable. In the case of Hotson v East Berkshire Area Health Authority it was discovered that if the 13 year old boy who fell from a tree, was correctly diagnosed sooner he would have had a 25% of making a full recovery, but the delay in treatment meant that he lost this 25% chance and suffered avascular necrosis. However, it was held in the House of Lords that this 25% loss of chance does not prove the case to the necessary balance of probabilities that a civil action must be found. The Court of Appeal's 'quantification' of damages was wrong, as the obstacle of causation had not been overcome. In this scenario therefore, for Abby to be considered liable, it would need to be proved that had Rachel's injury been discovered sooner she would have had a 51% chance or more of making a full recovery."
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Duty of Care, 2005.
An analysis of the case law relating to the concept of duty of care in the modern law of negligence.
1,496 words (approx. 6.0 pages), 8 sources, MLA, AU$ 52.95
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Abstract
This paper is an historical analysis, tracing the progress of the concept of the duty of care, and analysing how its function has changed from pre-1932 ["Donoghue v Stevenson"], to present. It provides an insightful discussion into the relationship between the duty of care and the rule of privity of contract and also discusses how the courts use this concept to secure results which they think are circumstance.
From the Paper
"And so, post Anns v Murphy, we see the Courts becoming more open about the application of policy in determining the presence of a Duty of Care*; In Hill, no duty was held to exist primarily because of the public policy consideration in relation to defensive policing [although there was also the issue of remoteness]. In CAPARO INDUSTRIES PLC v DICKMAN [1990], this general overtness was manifested by a test that to impose a duty would be 'fair, just and reasonable' in the circumstances. In MARK RICH & CO AG v BISHOP ROCK MARINE LTD, 'THE NICHOLAS H' [1995], the House of Lords, in finding that a marine survey society should not owe a duty of care to a shipowner, upheld a unanimous Court of Appeal decision that the tripartite test for establishing a duty of care promulgated in CAPARO was now to be of universal application."
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Lawsuits Against Gun Manufacturers, 2000.
An evaluation of suits, in contexts of gun control and the 2nd Amendment including the role of the NRA, tort law, negligence, examples, public's views, personal vs, business responsibility and purpose of suits.
3,375 words (approx. 13.5 pages), 12 sources, AU$ 127.95
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From the Paper
"Executive Summary
Gun control has been a contentious issue in American politics for some time. Government regulation of guns has long affected the gun industry and has raised issues of how government action can add to costs without assuring greater safety. Recently, several cities have undertaken a new approach by suing gun manufacturers for the way their product is used, extending the idea of product liability in the same way earlier litigation did with the tobacco industry. The cities want the manufacturers to reimburse them for health care costs associated with shootings. This has generated considerable controversy. Those opposed to gun regulations are of course against this sort of litigation, but even many supporters of gun control find that this is the wrong method for achieving their ends and that such..."
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Domestic Violence, 2002.
This paper creates and administers a survey (fictitious) that is designed to assess the awareness that the general public has concerning physical abuse and negligence as factors in domestic violence.
1,900 words (approx. 7.6 pages), 3 sources, AU$ 75.95
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Abstract
This paper first provides the form that shall be used in the survey, followed by the results of this survey. A conclusion presents the key points made within this paper,and will summarizes the author's perceptions concerning these findings. A literature review is used in all sections to clarify the findings of the survey and address the implications therein.
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Informed ConsentiIn Elective, Non-Emergency Medical Treatment, 1993.
A look at the legal history, negligence, risk disclosure, alternatives, patient-need standard and therapeutic privilege.
1,575 words (approx. 6.3 pages), 3 sources, AU$ 59.95
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From the Paper
"Informed Consent in Elective, Non-Emergency Treatment
This paper will examine the issue of informed consent in situations involving elective, non-emergency medical treatment. The paper will briefly discuss the history of informed consent, the types of situations requiring informed consent, the persons involved, the information required for informed consent, and defenses against legal action alleging a lack of informed consent. Throughout the paper, the term "physician" or "doctor" will refer to all healthcare-givers, unless noted otherwise.
Traditionally, a person who touched another without express consent was liable for the tort of battery; applied to the medical profession, this meant that a physician could be sued by a patient for battery if the physician treated the patient without his or her consent.1 One of the ten most quoted sayings..."
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