The Obligation to Endure Rachel Carson challenges the progress that this world has taken and questions if it is truly progress at all. We as humans endanger and harm ourselves in ways that we are often unaware of. Carson persuades her audience, the progressive intellectuals, in her book, “Silent Spring”, that the use of chemicals is causing destruction and should be put to an end. She concentrates her ideas in the chapter “The Obligation to Endure”, where she goes against the horrible consequences of chemical use on pests. She elaborates on the issue of spraying chemicals and if it is increasing or decreasing the progress in the world.
. Question 18 .0 out of 4 points Incorrect Section 402A of the Restatement of Torts (Second) states which of the following: Answer Selected Answer: All of the above Correct Answer: One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer or to his property. . Question 19 .4 out of 4 points Correct Misappropriation of trade secrets has been a federal crime since Answer Selected Answer: The Economic Espionage Act of 1996 Correct Answer: The Economic Espionage Act of 1996 . Question 20 .4 out of 4 points Correct Which of the following are characteristics needed to obtain a
In order for a defendant to be liable, the plaintiff must establish both negligence and proximate cause. (Aaron Larson, Law Offices of Aaron Larson, October, 2003). Esposito was injured due to Davis knocking into her when he turned around. The negligent conduct was Davis turning around without warning. The owner of the craft show could be liable for the accident of his employee under Vicarious Liability.
Should a company follow through without proper consent, legal action should be taken against any and all individuals involved. Sinkholes and How They Occur A sinkhole is traditionally defined as a cavity in the ground caused by water erosion. A subterranean water flow would erode the stone around it until structural integrity is compromised. The consequences of which are a collapse that can cause topsoil and stones to drop significantly. This can drastically effect buildings and roadways, potentially causing fatality and
TortsTorts Essay #2 ID # 104394 1. Phil v. Sub? A. Negligence – Negligence occurs when a defendant breaches a duty of care owed to the plaintiff and that the breach is the actual and proximate cause of the plaintiff’s damages. 1. Duty – a duty of care is owed to all foreseeable plaintiffs.
The types of intentional torts implicated here are battery and fraud. The former (fraud) is defined as “the intentional and harmful or offensive touching of another without his consent.” The latter (fraud) is defined as a “knowing misrepresentation”; a false statement of material fact that was knowingly or recklessly made by the defendant with the intent to induce reliance by the plaintiff. Punitive damages, which are designed to punish the defendant and deter all other potential defendants in the marketplace, are awarded to plaintiffs above and beyond their actual damages. In cases of intentional torts (i.e., when there is findings of wilfullness, maliciousness, or recklessness), punitive damage awards will be upheld provided they meet the ranges/ratios of punitive damages to actual damages, set forth in recent U.S. Supreme Court cases (BMW and State Farm). APPLICATION: Here, there was substantial evidence that the defendant, Motel knew of the widespread existence of bedbugs in their rooms.
What are they? What would an ethical relativist say about dumping? Any product that has been banned or declared hazardous in the United States and ship those products to abroad in the means of exporting are called Dumping. First of all, dumping results in the following: it hurts the domestic country’s industry and producers, impacts the sale volume, hurts the markets share, triggers decline in profitability, lead to jobs success and cause material injuries. Any moral issue concerning dumping can be justified.
He focuses a lot on how much of the canyon’s environment has been destroyed. He also believes that sooner or later Lake Powell will become filled with human sewage and inevitably become a solid mass of mud. Abbey does offer alternative methods of power generation such as solar power, which would lessen the demand for electrical power and in turn will cause for the Glen Canyon dam to be taken down. Despite the convincing and heartfelt nature of Edward Abbey’s arguments within, “The Damnation of a Canyon,” it is still very biased and does not include other people’s opinions on the dam. Edward Abbey admits to having a certain biased.
Recently, Wiretime ran an advertisement in a well-known industry magazine blasting BUGusa by stating that their products are inferior and have a very limited lifespan. This would be classified as an intentional tort because these statements “have the potential to impact business relationships and operations” (Melvin, 2011). This particular case would be listed as defamation and categorized further as trade libel. To be considered trade libel the “statement needs to be (1) a clear and specific reference to the disparaged party or product (e.g., using the actual brand name of the product), (2) made with either knowledge that the statement was false or reckless disregard for the truth, and (3) communicated to a third party (similar to defamation)” (Melvin, 2011). References Melvin, S. P. (2011).
Defects in marketing have to do with the improper instructions and failures to warn consumer of latent dangers in the product. Product liability is usually judged as a strict liability offense. Strict liability wrongs are not concerned with how careful the defendant was. Converted to products liability terms, a defendant is liable when it is revealed that the product is defective. It is immaterial the