. 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
Sub is negligent by violating a statute that is designed to protect against this type of accident and Phil is within the class of people that the statute was designed to protect. 2. Causation – a. Actual - the plaintiff’s injuries were the actual, factual result of the defendant’s actions. Had Sub not discharged his loaded, unlicensed gun towards Phil, Phil would not have been shot in the shoulder.
A defendant may be found guilty in one case but not guilty in another. A defendant found guilty in a criminal case may face jail time or the death penalty, but when you file a wrongful death claim, all you can ask for is financial compensation. What Are The Grounds For A Wrongful Death Lawsuit? Generally, the grounds for a wrongful death lawsuit fall under negligence, reckless acts or intentional acts. Negligence can include things like driving under the influence, medical malpractice and not fixing safety issues in a building.
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
IDI will utilize the following classification levels: (1) Confidential--which is the lowest level of security that will cause damage if disclosed. (2) Secret--this information if disclosed would cause serious damage to the company. (3) Top secret--information if disclosed will cause grave damage to the company (Ballad et al,
06/09/2011 Breach Of Trust Section 16-13-230 Elements:Any person who misappropriates or disposes of, against the interest of the owner, possessor or holder, any property, money, merchandise, or document containing or establishing an obligation or release, which was entrusted to that person as rent, deposit, commission, loan or remuneration for paid or unpaid work, having promised to return it or to offer it back or to put it to an agreed upon use, is guilty of breach of trust and shall be liable to a punishment of a term of imprisonment of one to five years. Physical Elements:Property must have been entrusted to the accused;The accused must have
This law changed the common rule of “all or nothing.” Comparative fault is aimed at a comparison of the fault of the plaintiff with the fault of the defendant. Comparative fault will apply and allow recovery only when the plaintiff's fault is less than the fault of all persons whose accountability proximately contributed to the plaintiff's injuries. The Act also bars the claimant's recovery if the claimant's fault is greater than fifty percent (50%) of the total fault. This Act gave a greater aspect of the 1983 version in which it more defines the term “fault” includes any act or omission to a negligent, willful, or reckless action toward a person or property of
Unit 3 The Law of Contract 3.1 Vitiating factors of a contract ← Void contracts and voidable contracts (Carver 292) ← Misrepresentation ← Voidable contract at the option of the representee ← Statements made by the parties to a contract (Carver 300) ← Puff ← Representation ← Term - if it is, a breach of term of contract that entitled to have recission and damages ← Meaning of misrepresentation (Carver 316) - a false statement of facts; - made with a view to inducing the other party to enter into the contract; - intended to be acted upon; and - actually deceive the other
A defendant is liable for negligence when the defendant breaches the duty that the defendant owes to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Unlike the question of whether a duty exists, the issue of whether a defendant breached a duty of care is decided by a jury as a question of fact. Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions actually caused the plaintiff's injury. This is often referred to as "but-for" causation.
Another case example is Pagett (1983) where the defendant was found guilty for the muder of his girlfriend a had it not been ‘but for’ his actions she would not have been killed by police bullets. Secondly it needs to proved that the defendant’s conduct was the legal cause of the consequence. Under this principle, there is the de minimus rule. In such cases there may be more than one act contributing to the consequence, some of which may have been caused by people other than the defendant. The rule is that the defendant can be found guilty if his conduct was more than a ‘minimal’ cause of the consequence, but the defendants conduct need not be the substantial cause.