The Legal Test Of Causation And Factual Causation

The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

Root Cause Analysis (RCA) is a popular and often-used technique that helps people answer the question of why a problem occurred in the first place. Healthcare, in my opinion, is an area where this approach is very important and crucial to implement since it helps determine what and why something happened as well as figuring out what to do to reduce the likelihood of it reoccurring. I personally never knew anything about RCA but now that I do it is a very crucial practice to implement since it can show results. RCA assumes all systems are interrelated so by tracking back actions you can discover where the problem started and how it grew into the symptoms you are now facing. None the less this is a very important tool since it is able to find the hidden flaws in the system and

1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled.

“A factor, by itself, may not be sufficient to cause injury but if, with other factors, it materially contributes to causing injury, it is clearly a cause of injury.”. This quote, stated by Lord Salmon in McGhee v National Coal Board is an example of the difficulty that can arise when determining if a defendant had materially contributed to the plaintiff 's injury when the medical evidence is inconclusive. It is argued that the material contribution test has changed the path of the law and as we will see when analysing both McGhee and Fairchild, it has blurred the distinction between legal and factual causation.

The duty to mitigate damages is the responsibility of the plaintiff because the plaintiff injured by the breach of the contract cannot recover for losses that could have been easily avoided. In this case Tommy fulfilled his duty to mitigate damages and was not trying to recover for any damages that he could have easily avoided. Instead Tommy wants to file a lawsuit based on misrepresentation.

breach of express and implied contracts based on the theory of promoter liability. The courts

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

The distinctive body of law which is now referred to as tort arouse in the 1580’s with the first usage of the word ‘tort’ in a legal context. The general creation of ‘tort’ in a court of law was made to allow a party that has suffered harm due to the inactions or actions caused by an opposing party to impeach legal liability to the opposing party or to allow the accused party the right to defend their liability of such harms. The primary purpose of tort law Is to redress imbalances which has led to harm caused by another party this allows aggrieved parties to have the right and freedom to seek compensation for such damages as a court of law sees fit. Tort has a large distinction from other areas of law as crimes are punishable by the state, whereas as for a tort has specific consequences and allows the injured person or party the right to action. Tort’s largest outlying factor which differentiate from other areas of the law is the fact that for other areas of the law the case will classify the pursuant to their seriousness and in regards to tort this would not be the case due to the case will be decided in regards to a party’s legal liability and that the injured party receives right and just compensation for their losses.

On the eve of November 15, 1982, defendant Thomas Kusmider was informed by his girlfriend, that a gentleman named Arthur Villella, had assaulted her sexually. Mr. Kusmider confronted Mr. Villella at his home which led Kusmider to shoot Mr. Villella in the throat. Paramedics arrived on scene and were able to intubate Mr. Villella. However, while en route to the hospital Mr. Villella pulled the tube out of his throat. The victim later died at the hospital.

Why do some of us tend to get sicker more often or die sooner, and what factors causes us to even become sick in the first place? “This series called “Unnatural Causes is a timely, informative and passionately made documentary. It convincingly connects all the dots between health, race, class, economics and social policy and comes to the conclusion that capitalism is making us sick. This is a documentary that will provoke anger, discussion, and debate. That is a good thing, because there are over 47 million uninsured in America and the crisis in health care is at the top of the domestic agenda. On average, people at the top live longer, healthier lives. Those at the bottom are more disempowered, get sicker more often and a lot of times, die sooner. We also see how racial inequality imposes an additional risk burden on people of color which takes place in Louisville, Kentucky”. (Unnatural Causes, 2008)

There are four remedies for breach of contract under UCC Article 2. Categorized as remedies of law; the first is compensatory damages, which cover direct losses and costs. Compensatory damages are an attempt to put the non-breaching party in the same position it would have been had they not suffered the breach. Second are consequential damages, which are to cover indirect and foreseeable losses not covered by compensatory damages. Third is restitution to prevent the unjust enrichment of one party in the agreement. Fourth, liquidated damages are provisions agreed to by the parties when drawing up the contract in the event of a default or breach of contract by either party (Melvin, 2011).

The Fourth Amendment of the United States Constitution states the following: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cornell University Law School, 2015). Citizens regularly exercise their Fourth Amendment right when coming into contact with a law enforcement officer.

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.

According to the textbook on page 256, "Consequential damages are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation." (Cheeseman,H.R. 2013,p.256). Consequential damages are normally damages that can be proven to have occurred due to other party failed to meet or fulfill their contractual obligation. Like for example: Joanne's Bakery had a contract with my sister, Rose, to make the wedding cake for her wedding. The wedding cake cost was $3,000 and was promised to deliver it early morning of the said event. They both agreed to the agreement, so my sister decided to pay the downpayment and the bakery provided the copy of the signed contract agreement . Two days before the wedding,

Section 12(1) of the act state that, “A stipulation in a contract of may be a condition or a warranty” explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as “Conditions”. Further, a term which are not of so vital importance is known as “Warranty”.