Force majeure clause is stipulated in the contract due to force majeure, such as a party is unable to perform the contract in whole or in part of its obligations, waive all or part of the responsibility. The other party shall not claim damages. Therefore, the force majeure clause is a disclaimer. The train wreck is unforeseeable. Q: b.
Law Chapelton v Barry Urban District Council shows that unsigned exclusion clauses need to be clearly defined to a reasonable person. Another case highlighting the need for exclusions to be clearly informed to the other party is the case of Causer v Browne. As for the case of White v John Warwick & Co Ltd the court held that the company providing defective product is liable for their negligence. If reasonably sufficient notice is given as to the existence of an exemption clause, then it is accepted by the courts that that clause becomes parts of the contract. The case that set this dictum, and which laid our the guidelines for testing the reasonableness and sufficiency of the notice
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
Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
The definition states: Misconduct is limited to conduct evoking such willful or wanton behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to his employer. Application: Mrs. Mitchell’s name calling, improper attire, and insubordination evinced a willful disregard to the employer. However, each separate incident
The tortfeasor’s act was the proximate cause of injuries or damages. Damages were incurred. (Textbook p.150) ANALYSIS The fact remain that there was an accident, an injury occurred from the accident and negligence was evident. Officer Ruthless was negligent but was justified in the decision. He had to uphold the curfew law.
Under California law, trespass to chattels "lies where an intentional interference with the possession of personal property has proximately caused injury." (Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal.App.4th 1559, 1566, 54 Cal.Rptr.2d 468, italics added.) In cases of interference with possession of personal property not amounting to conversion, "the owner has a cause of action for trespass or case, and may recover only the actual damages suffered by reason of the impairment of the property or the loss of its use." (Zaslow v. Kroenert, supra, 29 Cal.2d at p. 551, 176 P.2d 1, italics added; accord, Jordan v. Talbot (1961) 55 Cal.2d 597, 610, 12 Cal.Rptr. 488, 361 P.2d 20.)
Factors for consideration a. law’s non-logical implications in interpretation what parties would’ve agreed to (ex. Haines: duration and scope of contract) - policy: at-will doctrine in employment: policy - would’ve agreed to terms had they anticipated situation - had in mind, but didn’t express it b. context - what is the objective of the contract? Is it ambiguous? Ex. Spaulding v. Morse (369): stop yearly payment to trust during time in armed services - enforce according to terms if unambiguous, consider context if terms are ambiguous - not only context at time of contract formation, but also what happened AFTER ⇨ changed circumstances - why look at context?
Effective Risk Management Law/531 December 5, 2011 Effective Risk Management A tort is defined as a civil wrong between people and/or entities (Cheeseman 2010). There are two types of torts. The two are intentional and unintentional torts. An intentional tort is when there is intent to cause harm on another. An unintentional tort is when a person is liable for harm that is the foreseeable consequence of his or her actions due to negligence (Cheeseman 2010).
Interim earnings, including amounts the employee could have earned with reasonable diligence, must be deducted from the amount awarded for lost wages. (2) The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in actual fraud or actual malice in the discharge of the employee in violation of 39-2-904(1). (3) There is no right under any legal theory to damages for wrongful discharge under this part for pain and suffering, emotional distress, compensatory damages, punitive damages, or any other form of damages, except as provided for in subsections (1) and (2). Limitation of actions § 911. (1) An action under this part must be filed within 1 year after the date of discharge.