Case Brief PA 201 2014 Case Brief Thompson v. Economy Super Markets, Inc., 221 Ill.App3d 263 (1991). Facts: Cherryl E. Thompson, slipped and fell on a lettuce leaf and water. She did not notice the leaf prior or know how long it was there. The fall occurred two to three feet to the left of the produce aisle and that the fruits and vegetables were kept on ice. The plaintiff’s daughter stated that the lettuce leaf looked old and like it had been there awhile, but that she had been in the produce aisle once before the accident and did not see any water or a lettuce leaf on the floor prior to the plaintiff’s fall.
The test of negligence is what a person of ordinary prudence or a reasonable person would or would not do in the same or similar circumstances. Negligence that renders one liable to another who is injured thereby is the doing of some act or thing that it is his or her duty to refrain from doing or in failing to do some act or thing that it is such
The communities were these jobs were lost have been devastated. Families’ lively hoods have been broken, retirement pensions are questionable, and the revenue this company generates for the city in which it resides. According to CNNMoney.com the company has asked for an extension for the liquidation of their inventory until March 31 and they are only waiting for the courts approval. If this does not succeed stakeholders, stockholders, investors, and suppliers would be affected alike. Ethically I found it hard to believe that this happening in the United States and that our economies have become so terrible that the Circuit City’s in Canada are not closing and their profits are up.
EST1 Task 1 James Duffield Western Governors University I will be evaluating the following information given from your company on its attitude toward social responsibility and giving your company recommendations as I see fit: Your company is a small local grocery store chain located in a major metropolitan area. You have closed a couple stores in high crime areas of the city. You also report the closed stores were losing money. After years or requests your company is stocking a small amount of health and organic products in all of your stores all of which are high margin items. Also, your company was asked for donations of day old products by the food bank.
Where a consequence must be proved then the prosecution has to show that the defendant’s conduct was the factual cause of that consequence, the legal cause of that consequence and that there was no intervening act which broke the chain of causation. Factual causation is established by applying the 'but for' test. This asks 'but for the actions of the defendant, would the consequence have occurred?' and if the answer is no and the consequence would not have occurred then the defendant is liable as it can be said that their action was a factual cause of the consequence. In order for legal causation to be established the question to be asked is whether it is fair to attribute blame to the defendant, if the jury believe the defendant can be blamed for the consequence then he is also the legal cause of the consequence.
However, net profit declined by 7% in 2008 due to substantial increases in the cost of food raw materials. Greggs decided not to pass these cost increases onto consumers since the demand for takeaway food is very sensitive to changes in price. The Greggs business has a divisional structure with central bakeries around the country each supplying the shops in their surrounding areas. The business employs around 19,000 people in a range of jobs, including shop staff, drivers, bakery staff, savoury production, finance, personnel, purchasing and IT. Complex retail IT systems help Greggs management monitor store and product performance, manage cash flows from the tills and deal directly with ingredient and other key suppliers.
Negligence can be defined as the “the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances”. The entity or individual can be held responsible for conduct where reasonable care was not exercised. There are five elements that are required to prove negligence: a legal duty to exercise reasonable care, failure in exercising reasonable care, negligent actions caused physical harm, that harm caused actual damages, and the harm was within the scope of liability. (1) The legal theory of vicarious liability is the underpinnings of the legal doctrine of respondeat superior. This legal doctrine supports the concept of holding the employer or principal legally responsible for the negligent acts of the employee or agent.
57 Am. Jur. 2d Negligence § 798 (2014) Contributory negligence is defined as the injured party that can be partly responsible for the part they played in the incident. This means that the injured person should not recover damages when it appeared that the incident could have been avoided” but for” the plaintiff’s behavior. The plaintiff should not ask for others to exercise more care than he would from himself.
When a deductive argument is invalid, it is automatically considered unsound. Inductive arguments are judged on whether they are strong or weak. If the premises of an argument are considered to be true and the conclusion is not likely to be false, it is a strong argument. If there is a possibility that the conclusion may be false but the premises are still true, then the argument is weak. When an inductive argument is weak, it is automatically considered
If this person does not follow the standard of care and someone suffers harm or loss as a result then the individual has been negligent. If someone has a duty of care towards another person and does not exercise an appropriate standard of care in all circumstances, then the duty of care has been breached. If someone can prove that you did something you should not have done, or failed to do something that you should have done, which resulted in an injury, then you have breached your duty of care and could be sued. Duty of care is hard to define because there is no legal definition, although it is a legal obligation. It is an idea based on the legal concept of negligence.