Tort Reform Essay

LAWS 5533 Research Essay 2 Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970’s. In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, “which had denied that the commencement

Happened in 1994, it was a strict product liability tort case between the plaintiff, Stella Liebeck and the defendant, McDonald's. This case became a very famous over the country because the U.S. was discussing over tort reform. “A New Mexico civil jury awarded $2.86 million to the plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns when she accidentally spilled hot coffee in her lap after purchasing it at a McDonald's drive-through” (wikipedia.org). On February 27, 1992

Torts A tort is a term that is used to describe a civil wrong. The civil wrong must cause harm or loss to someone in order to be classified as a tort. There are numerous types of torts which include assault, battery, negligence, products liability and intentional infliction of emotional distress. These torts fall into three general categories which are: intentional torts, negligent torts and strict liability (Cornell University Law School, n.d.). The following paper will describe a situation in

In February 22, 1992 a man by the name of Chris pulls his 1989 Ford Probe into the drive-thru of an Albuquerque, New Mexico McDonalds. Chris ordered a coffee for his grandmother, 79-year-old Stella Liebeck. Upon receiving the coffee Chris pulls into a parking space so Stella can introduce cream and sugar to her coffee. A 1989 Ford Probe lacks cupholders and features a slanted dashboard. Thus, Stella placed the coffee near her lap and opened the Styrofoam lid. At that moment, 180-degree liquid saturated

On March 22, Wendy's has faced a crisis after a 39 years old woman, Anna Ayala, allegedly claimed that she had bitten down on a human fingertip in a spoonful of Wendy's chili at a San Jose location. Within 24 hours, media had the entire story published and broadcasted causing Wendy's to face the issue of recovering its brand image since then. At the beginning, the police was still unable to identify whose the finger was and was uncertainty about whether the finger came from a dead or live person

Health law The first port of call for all complaints regarding breaches of the Health and Disability Commissioner (Code of Health and Disability Services Consumers ' Rights) Regulation 1996 (the Code) is the Health and Disability Commissioner (the Commissioner) (Diesfeld & Godbold, 2009). In this scenario, the consumer can complain about a breach of Right 4 of the Code as he did not receive care of an appropriate standard. Recently, the HDC investigated another case of incorrect tooth extraction

Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970‟s. 1 In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, 2 “which had denied that the commencement of a limitation

believe that our justice system promotes frivolous law suits or protects against them. The tort law uses the justice system as a vehicle to empower tort victims. Based on the video episodes of “Hot Coffee” the justice system is used effectively to promote law suits. The tort law is geared towards ensuring quality and safety, and awarding for damages that occurred in civil negligence towards the individual. The tort law is aimed to draw the attention of an organization, for example, in the McDonald’s

election even though he was up against another candidate who received great sums of money from the US Chamber of Commerce. Diaz, unlike his opponent, was not considered to be pro-business and would vote in favor of citizens rights when it came to tort reform, so the US Chamber of Commerce was willing to spend money to get a pro-business justice. However, after winning the election, the US attorney began to investigate him for fund donated to his campaign; a good friend of his who was a lawyer cosigned

cover the cost of any harms inflicted on others during the incident. Legal experts use the word tort to describe harms like these. The laws that govern how torts are handled in the court systems of America have been under severe attack in recent years. Many groups have successfully lobbied several state legislatures into making reforms to their tort laws. Unfortunately, even though many of these reforms are established with the best of intentions, legislators at times make spontaneous, illogical decisions