LAW 122 Lecture Notes - Punitive Damages, Reasonable Person, Strict Liability

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sangriarabbit133

7 Dec 2022

School

Ryerson University

Department

Law and Business

Course

LAW 122

Professor

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Document Summary

Conspiracy: occurs when two or more parties agree to act together with the primary purpose of inflicting a financial loss on another. Lawful act conspiracy: two or more people cooperate on a course of conduct that, by itself, is perfectly lawful. Intimidation: the affected party suffers a loss due to the offending party"s threat to commit an unlawful act against the affected party (two-party intimidation) or against a third party (three-party intimidation) Two-party intimidation: occurs when defendant directly coerces the plaintiff into suffering a loss. Intention: not require proof that defendant intended to hurt plaintiff: no need to prove the offending party intended to cause a loss to the affected party. Interference with contractual relations: the offending party disrupts or interferes with a current agreement between the affected party and another party (sometimes referred to as inducing a breach of contract)

Related Questions

AD #2

What Advertising strategy is being used? Explain your choice(s).

Do you think that it is an effective way to introduce a new product? Explain.

Notes:

What is advertising?

Advertising is the most influential form of media in our country. Ads are a way to inform people of their options and persuade them to act in prescribed ways.

Ex- Fast Food ads want you to come and purchase their food.

Target Audience

A target audience is the group of people that an advertisement is directing their ad at.

Ex- Disney is now advertising to Older Adults with

the slogan “Remember the Magic”.

Three Ways to Promote Food:

1. Premiums- If you purchase one produce then you will get a ‘Free’ add on item.

Ex- If you buy two bags of chips you will get one Liter of pop free.

2. Sweepstakes- The produce you are purchasing has information or an entry form/code to enter a draw to win a prize.

3. Kids Clubs- Sign up to get a membership card and special offers.

Food Advertising Strategies

Advertisers have many methods to try and get you to buy their products. Lots of times, what they are selling is a lifestyle, or an image,

rather than the product. Here are some trick of the trade.

Ideal Kids/Families

Hip looking kids, always seem perfect and getting along, product shows families coming together

Excitement

The product makes life better and fun

Star Power

Sports stars or celebrities tell you that the product is the best or that they use it.

Bandwagon

Join the crowd, everyone is buying the product

Scale

Produce made to look bigger or smaller than it actually is

Put Downs

Put down a competitors product(s)

Heart Strings

Ads that have a story meant to make you feel good

Sounds Good

Music and sound effects used to add excitement. Jingles that stay in your head

Weasel Words

Misleading the words used OR stretching the truth of what is being used

Omission/Leaving out Details

Ads do not give you the whole story in order to make the product look better.

11.Facts and Figures

Use number to make the product look better

12. Repetition/Music

Hear the product name over and over again to help you remember it

13. Humour
Uses humour to catch attention

14. Over the Top
Uses extreme examples, false or non-factual claims

Ex. “The Best Coffee for the Best YOU”

ada111

CASE STUDY:

Jolinda Hobble had a history of her left knee slipping out of joint since 1998. She went to see Dr. Ralph J. Verygood, an orthopedic surgeon who recommended corrective surgery after Jolinda had a major dislocation of the left kneecap in July of 2000. As a result of this surgery, Jolinda suffers from palsy of her left foot, a condition evidenced by numbness in her big toe and three adjoining toes, the numbness extending about half way up her foot on both the top and the bottom. Jolinda was advised that she might still experience postsurgical knee problems, including inability to walk altogether. She also says that she was not specifically warned about possible postsurgical numbness to either her left leg or foot. Dr.Verygood says that he did indeed warn Jolinda about this possibility.

The surgery was performed July 31, 2000. Jolinda was placed under general anesthetic and remained unconscious throughout the operation. Dr. Verygood performed a surgical procedure which has the effect of realigning the entire mechanism controlling the kneecap in order to correct the knee dislocation. During the operation a pneumatic tourniquet was applied to Jolinda's leg to help the operation procedure by cutting off the blood supply to the leg to create a dry (bloodless) surgical field. Following surgery Jolinda's leg was wrapped by Nurse Vicky with a padded dressing consisting of expandable bandage extending from the toes to the top of her leg. Nurse Vicky is an employee of the hospital.

Dr. Verygood was scheduled to take a few days vacation after the operation, but he nevertheless checked on Jolinda in the recovery room within one hour of the surgery. He also wrote detailed orders to be followed during his absence.

Jolinda says that she first awakened around dinner time on the day surgery was performed, but that she did not regain full consciousness until the following morning. At that time she became aware of a throbbing pain in her left leg which was concentrated on the knee and foot. Jolinda first complained about the pain to the hospital nurse, Nicky the morning after surgery. Nothing was done about the pain, however, until she was checked by Dr. Greatman, Dr. Verygood's partner, on the second postoperative day. Following Dr. Greatman's visit, Jolinda's bandages were cut off in the foot area giving her some relief and after which she experienced a tingling sensation throughout the whole foot.

Jolinda received follow up care from Dr. Verygood after surgery for about one year and during this time period Jolinda's complaints of pain and numbness in her left foot continued.

Here is some more information to consider: You end up hiring for your expert, Dr. Richard Cutgood, a board certified orthopedic surgeon, who had performed literally thousands of knee surgeries in his medical career. Dr. Cutgood is of the opinion that the risk of the type of injuries Jolida has following this type of surgery was statistically nonexistent.

Dr. Cutgood concluded that the most probable cause of plaintiff's injury was external pressure either from the tourniquet used during surgery or from the application of tight bandages after the operation. He considered the probability of nerve damage during the actual surgical procedure to be small because the surgical knife "isn't long enough to reach over and cut that nerve." Regarding the tourniquet, from his experience tourniquet pressure ordinarily does not result damage to the nerves unless "it is incorrectly applied or it is applied over a bony prominence or the tourniquet itself is defective."

Dr. Cutgood stated that while nothing in the record indicated that defendant did anything wrong during the surgery, he was of the opinion defendant was "below the usual and customary standard of care" as such result "does not generally occur without some untoward action of the surgeon."

Does the doctrine of Res Ipsa Loquitor apply to this case? What does this legal term mean? What are the conditions that need to be present for this doctrine to apply?

ibarra091521

Grade 9 english:

Think back to Charlotte Edmund's article, "7 skills all young people need to survive the future of the workplace" from the first activity in this lesson. Choose the skill you believe to be the most important to your future
Write a few paragraphs to explain why you feel this way. If you think there's a skill the author didn't mention that's more crucial to your future, explain what it is and why you believe so. Give your strongest writing. Plan your ideas before you start writing, then use paragraphs to organize your piece. After you have a first draft, revise it, looking at paragraph unity, sentences, spelling, and capital letters.

Article:

7 skills all young people need to survive the future of the workplace

Dr. Tony Wagner, co-director of Harvard's Change Leadership Group, argues that today's
school children are facing a "global achievement gap," which is the gap between what even
the best schools are teaching and the skills young people need to learn.
This has been exacerbated by two colliding trends: firstly, the global shift from an industrial
economy to a knowledge economy, and secondly, the way in which today's school children —
brought up with the internet — are motivated to learn.
In his book "The Global Achievement Gap," Wagner identifies seven core competencies every
child needs in order to survive in the coming world of work.
1. Critical thinking and problem-solving
Companies need to be able to continuously improve products, processes and services in order
to compete. And to do this they need workers to have critical thinking skills and to be able to
ask the right questions to get to the bottom of a problem.
2. Collaboration across networks and leading by influence
Given the interconnected nature of the business world, leadership skills and the ability to
influence and work together as a team has become increasingly important. And the key to
becoming an effective leader? It's twofold, says Wagner, involving "creative problem-solving
and a clear ethical framework".
3. Agility and adaptability
The ability to adapt and pick up new skills quickly is vital for success: workers must be able to
use a range of tools to solve a problem. This is also known as "learnability", a sought-after
skills among job candidates.
4. Initiative and entrepreneurialism
There is no harm in trying: often people and businesses suffer from a tendency to be riskaverse. It is better to try 10 things and succeed in eight than it is to try five and succeed in all
of them.
5. Effective oral and written communication
Recruits' fuzzy thinking and inability to articulate their thoughts were common complaints that
Wagner came across from business leaders when researching his book. This isn't so much
about young people's ability to use grammar and punctuation correctly, or to spell, but how to
2/3
communicate clearly verbally, in writing or while presenting. "If you have great ideas but you
can't communicate them, then you're lost," Wagner says.
6. Accessing and analyzing information
Many employees have to deal with an immense amount of information on a daily basis: the
ability to sift through it and pull out what is relevant is a challenge. Particularly given how
rapidly the information can change.
7. Curiosity and imagination
Curiosity and imagination are what drive innovation and are key to problem solving. "We're all
born curious, creative and imaginative," says Wagner. "The average four-year-old asks a
hundred questions a day. But by the time that child is 10, he or she is much more likely to be
concerned with getting the right answers for school than with asking good questions.
"What we as teachers and parents need do to keep alive the curiosity and imagination that, to
a greater or lesser extent, is innate in every child."

jhonny

LAW 122 Lecture Notes - Punitive Damages, Reasonable Person, Strict Liability

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