Negligence at the Workplace

The other element of agreement is acceptance. An acceptance must be made on the same term as the offer and can only made by the person who the offer is addressed to. Meanwhile, an acceptance must be made while the offer is still in existence and it must be made in an acceptable form which means that the acceptance must be made in the same manner of the offer was offered. Lastly, the acceptance is effective when communicated.

Describing and analyzing torts, crimes, and contract law will be very beneficial to any person involved in law. Providing a real-life or hypothetical examples of five kinds of intentional torts will be explained. Knowing the difference between a tort and crime is important and whether its possible for a violation to be both a crime and a tort. The conclusion will consist of the concept of “voluntary consent” as it relates to contract law and what impact does mistakes have on contract enforcement.

5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided?

The offeree is the only party with legal power to accept an offer, thus forming a contract. In addition, for the contract to be considered accepted, the offeree must accept all the terms of the offer unequivocally. This is called “the mirror image rule”. For example, if the offeree stated “I will purchase your home, but I wish the drive way was repaved”. The offeree accepted the terms, making this an accepted contract. An example of non-acceptance is if the offeree stated “I will purchase your home, if you pave the driveway”, This would be a

__T___ An offer made as a joke, where a reasonable person would conclude that it was made as a joke, cannot result in a contract.

The elements of negligence are set forth in the case of Carr v. Union Pac. R.R. Co., ____S.W.3d____, 2011 WL 4489982 (Tex. App.-Houston [4th District] 2011 no pet.), as follows:

Acceptance- An acceptance occurs when the person agrees to the proposal. It involves a written or oral statement or an act that clearly communicates acceptance of the offer. For example, the offeree accepts the proposal of $16,000 and indicates it by saying ‘Deal’ and shaking hands.

Whenever a contract is made with another party we always must make sure that the contract itself is valid so that when a problem occurs you are able to rely on it. In this case problem we will see how an oral contract can be categorized as valid or invalid. Some rules of laws that will be applied are the Statute of Frauds, the unilateral contract rule, bilateral contract rule, and promissory estoppel.

Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm.

4. The defendant had the requisite state of mind i.e. act of interference was voluntary and intentional or voluntary and negligent.

Scott must successfully establish that the three elements that constitute a tort were inherent in the circumstances that led to his injury. The three elements are the existence of a duty to take care of his safety and interests by the boat owner; Matt’s breach of such duty of care and the possible quantification of damages that are due to him due to the harm or injuries caused by the breach of duty by Mr. Matt. It is these three elements that distinguish negligence from carelessness.

Nurses have an obligation to deliver safe quality care to all patients. However, when nurses deviate from the expected care, he or she could be liable. Nurses have ethical principles that guides patient care and these principles should be incorporated in patient care. Being a nurse is a serious responsibility, as licensed professionals; we are required to practice under state and law guidelines. Nurses should stay abreast of laws and policies that influence nursing care. Nurses have a duty to become acquainted with the laws that guide the nursing profession. Nurses are providing care to patients with more co-morbidities and who are older (Burkhardt & Nathaniel 2007).

This week we have been introduced to intentional torts, including battery, assault, trespass of land, trespass of chattels, conversion and false imprisonment. Most of us are blind to tortious acts, yet they are clearly occurring around us. This class will, in part, give us an attorney’s awareness of torts in the real world. In 2005 there were 2,012 intentional torts, slander/libel, false arrest/imprisonment, and conversion claims in state courts. (Thomas H. Cohen) Many more torts are too minor to ever result in a lawsuit. Below, I will discuss intentional torts that I have experienced or which may occur in my daily life.

A contract can only exist when there is a mutual agreement the parties involved in the contract and the agreement should be based on parties’ free will with no undue influence from the parties involved (Hillman, 2012). It is apparent that Jim and Laura made the decision to buy the car and they went to see the car dealer and initiated the agreement at the same time made an offer for Sedan cars after testing several cars. They agreed to the terms of the contract of sale and promised to come the following day to pick the car. These provided reasons beyond doubt that Jim and Laura were committed to the agreement and both of them were of age and of sound mind which made the agreement a legal contract beyond doubt.

A. Uhrhahn Construction prepared proposals for work on construction projects for Lamar and Joan Hopkins. The Hopkinses signed the proposals for each project under sections titled “Acceptance of Proposal.” The proposals stated that any changes to the written estimates and specifications had to be in writing. During the construction, the Hopkinses made several oral requests for additional work not included in the proposals. They paid for some of them after receiving invoices labeled change orders for such work. When they did not pay for the rest, Uhrhahn sued, alleging there was an implied contract to make oral changes. Was there such an implied contract? Justify your position.