Essays on Punitive Damages

International Air Law

Air transport is currently considered the fastest and safest means of transport globally, Passengers want to feel secure when flying from one place to another and expect the airline to be responsible in the event where they experience any form of injury while under the airline’s care. However, the application of treaties and agreements in determining the liability of airlines in instances of accidents has triggered debates as to what extent the airlines are liable for the damages experienced while the plaintiff is onboard. A particular question arises regarding the extent of injuries that an airline can be ...

Q1 Answer

Chalfant needs to review the American with Disabilities Act to establish whether he qualifies to file his case under ADA. It is worth noting that the Act requires one to meet various provisions in order to be protected. First, the victim should be able to clearly show that his disability is physical or mental impairment that prevents one from doing certain activities in his or her life course. Besides, it argues that the victim should have a good history suffering from that impairment. Finally, it requires one to be known by others for having such impairment. The qualification of ...

Product liability is a field in law where manufacturers are held responsible for the injuries occasioned by producers for the use of their products. Manufactures owe their consumers a duty of care hence they are under legal obligation to manufacture products that are not injurious to their consumers. A business entity can be sued for breach of warranty or negligence if harm occurs to the consumers. The tort of product liability is meant to make consumers safe. It is supposed to protect consumers from poor products made by manufacturers. Kip Viscusi explores the complexities of product liability and discusses the ...

Rob and Bunny Sherman want to file a suit against the Church of the Divine Light. They allege that one year ago, their 15 year old son called Rob Jr., was coerced into staying in the church. He was threatened by being told that if he left, he would be thrown into the eternal fires of hell. He was brainwashed and began believing that the church was his new family. He was also told to demand money from his parents to cater for his upkeep. Rob Jr. stayed in the church for a period of approximately six months. Rob Sr. and ...

A contract is a binding legal agreement between two parties that is made with the intention to create a legal relationship. Contracts in the English legal tradition are made by the exchange of consideration between the parties.

Fox v. Mountain West Electric, Inc., 137 Idaho 703 (2002)

In this case, Lockheed Martin had a building project which Fox and MWE decided to do jointly as a way of winning the bid to complete it. They created a document that acted as the scope of the work they were to complete and in the process, Fox worked under the supervision of a manager of MWE. There were changes in the terms of the building contract terms ...

Discrimination in the hiring process deprives people of the right to employment solely because of their age, gender, pregnancy, disability, genetic information, race, national origin or religion (Discrimination by type, 2012). The practice results in the marginalization of certain groups of people in society and contradicts the principles of human rights (Seiner, 2012). As such, employment discrimination has led to laws and a regulatory body which ensure that the act is punished. Such laws include the Equal Employment Opportunity Act (EEOA), which gave rise to the Equal Employment Opportunity Commission (EEOC), and the Americans with Disabilities Act (ADA). Both laws ...

Business: current legal issues of Human Resource Management

Sexual harassment is sexual discrimination in the workplaces. The elements of sexual harassment include requests for sex favors, sexual conducts directed to certain individuals cause of their gender and unwelcome sexual advances. When an employee reports that they are facing sexual harassment at the workplace, the employer is supposed to launch an investigation into the matter. An investigation should begin using a couple of processes by the employer in trying to reach the bottom of the matter. For Elora Jean, First, the parties, the victim and the harasser, should be questioned concerning the matter. First thing the investigator should ...

Should Punitive Damages Be Introduced in International Law?

Introduction Different countries often have different legal policy in both their criminal and civil law systems. These differences often arise from differing social, economic, and political climates that lead to fundamental policy differences. In the area of civil the law differences in legal systems of different countries often reflect the individual countries’ beliefs as to the types of claims that should be recognized. Furthermore, legal systems across the globe often differ about the types of damages they are willing to recognize. One area in which there is a significant difference in the type of damages one can be awarded ...

Uniroyal Goodrich Tire Co. v. Martinez Briefly explain the opinion. Which of Martinez's claims were successful and which were not? Why (what was the court's legal explanation)? In this case, Martinez brought forward three claims.First, he claimed strict product liability based on defective design of the tire. Martinez also claimed negligence and gross negligence. In their ruling, the jury found that the defective design of the tire contributed towards the Martinez injuries. The jury did not find Ford and Budd guilty of producing defective rims; however, the jury argued that Goodrich was not only guilty of ...

Ford Pinto Case

The Ford Motor Company, under the advice of its vice president Lee Lacocca, in May 1968 set out to introduce a cheaper car in the US in May 1968. In a rush to gain a significant market share, Lee Lacocca put the design and development of the Ford Pinto auto automobile on a schedule of 25 months instead of the normal 43 months taken to , so it would take to get a car from conception to production. Due to this the accelerated production, the Pinto had dangerous design flaws. The Pinto’s gas tank was dangerously placed at the back of the vehicle, and ...

Punitive damages are envisioned to daunt or reform the defendant. The punitive damages may be used to compensate the plaintiff and push the defendant. The main objective of punitive damages is to dissuade others from engaging in similar conduct, as well as punish the defendant. Punitive damages are also available for a breach of contract. A contract bind parties to the terms and conditions of the agreement. The issue of punitive damage in a contract arises in the sense that if one party breaches the contract agreement, then the other party may suffer losses or be injured (McKendrick, 2014). Damage punitive ...

Introduction

A large amount of literature has examined the ability of jurors to make proper decisions regarding punitive damages in contract law. Opponents of punitive damages assert that juries are not able to understand the complexities of legal issues and, therefore, use extensive punitive damages against individuals or corporations based on emotions rather than as reasonable response to the damages occurred. They argue that judges have the legal competence and experience to make more informed decisions. Punitive damages have been traditionally awarded to plaintiffs in tort actions and it has been assumed for long that punitive damages cannot be implemented ...

Crime in Miami Gardens between 2002 and 2005 was out of control resulting to the city Council approving a shift to its own department from Miami-Dade County Police. The department started it service in December 2007 and by 2011 the city has witnessed an overall decline in serious crimes by 33%.This reduction has occurred across board and the only exception has been on homicide which has remained steady. There was use of the FDLE data in comparing a crime average rate for three years for other local cities and the findings confirmed that there are now lower overall crime rates ...

The case of Mathias v. Accor Economy Lodging delves into the question on whether failure by the motel to take preventative measures against a situation that result in offensive non-consensual touching and some degree of physical harm constitute intentional torts. It further looks at whether such failure as well as the subsequent non disclosure of possible harm is an intentional tort whose remedy can go beyond compensatory damages. The case is on the in intentional torts of fraud and battery. Battery involves the intentional offensive non-consensual touching while fraud is the act of a known misrepresentation (Barth, 2008). The ...

Major Issues in the Stella Liebeck’s Case and in the Successive Incidents

The major issue in the cases presented against McDonald’s is that customers suffered bodily and psychological harm from consuming their foodstuffs. For instance, in Stella Liebeck’s case she accuses McDonald’s of “gross negligence”, and selling “unreasonably dangerous” coffee that was “defectively manufactured”. Stella stayed in hospital for eight days and spent three weeks recuperating after suffering third-degree burns from a coffee cup bought from McDonald’s. Through her lawyer, Reed Morgan, Stella wanted to be compensated $ 100,000 for medical expenses and McDonald’s fined triple that amount in punitive damages. As the case went on trial, ...

(1).Typically, anyone one who has been injured because of the negligence of another is entitled to recover two types of damages, compensatory damages and punitive damages. Compensatory damages are meant to compensate for the emotional, financial, and physical damage that the victim has suffered. There are two types of compensatory damages, monetary losses (financial losses), and non-monetary losses (pain and suffering caused by injury, etc.). Punitive damages are meant to punish the person who has caused the injury, and these damages are only awarded under special circumstances. It is apparent that the damages that a plaintiff in a personal injury ...

Introduction

This paper identifies and provides a comprehensive analysis of a current legal event that is associated with tortious interference. The cases involved Soterion Corp v. Soteria Mezzanine corp. The case involved the sale of a property owned by one of the companies. It is pertinent to note that competition in the business circle results to multiple activities. Aggressive competition in can result to illegal interferences of business operations or corporate transactions. Tortious interference can be classified into two categories, which include interference with a future advantage and interference with an existing business relationship. This case falls under the interference with an advantage in ...

Tort of Negligence

A tort is civil wrong, which upon prove in a civil court, entitles the plaintiff to a remedy. Negligence is one of the vital civil laws in tort. The tort of negligence has several elements. These are as follows: the defendant should owe a duty of care to the claimant; the duty of care must be breached by the defendant, and most significantly, there must be prove that the failure caused damage, which was reasonably foreseeable to the claimant (Statsky, 2011). The primal function of negligence as a tort law is to compensate persons, who get injured by negligent actions of others. ...

Here, the plaintiff is the fired employee Mr. Bilbo Baggins and the defendant is Orc Industries. This memorandum presumes that Mr. Baggins wants to bring a case of “wrongful dismissal” against Orc Industries and in such a scenario; this paper gives the likely outcome of the case. This junior counsel feels that the following may be important. 1. Saskatchewan provincial laws shall be applicable. In Canada, laws differ slightly from province to province. 2. Bilbo’s tenure with Orc industries is not even 6 months old. 3. Before joining Orc Industries, Bilbo had been self-employed in the same ...

Knarles and Barkley Case Study

Liabilities under Contract Law Chetum vs Knarles & Barkley Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998). Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

Over the last two decades, the Westboro Baptist Church congregation has picketed military funerals of U.S military officers to voice their discontent with scandals involving Catholic Church clergy and the churches belief that God hates the United States of America for tolerating homosexuality. On March 10, 2006, was the funeral of U.S marine Lance Corporal Mathew A. Snyder killed tragically in line of duty in Iraq on March 2006. The burial was attended by marine officers and family members. The Westboro Baptist Church congregation travelled all the way to Maryland to picket the funeral. The picketing was staged ...

Introduction

There have been various occasions when employees are discriminated against in terms of promotion on the basis that they are not of the required sex, not that they are not qualified to be in those positions. Because of this, class action lawsuit has been formulated to be applied by the victims of promotional or salary discrimination to fight for their rights.

This write up explains the use of class Action lawsuit by the affected people to ensure they are not discriminated against in promotion at workplace on the basis that they are not of the required sex while they ...