What Is The Rule Of Strict Liability? In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses. What is
What Is The Legal Theory That A Principal Is Liable For The Actions Of An Agent Who Is Working For Her? Respondeat Superior: The doctrine by which an employer or other principal is liable, along with the agent or employee, for any tort committed by the agent or employee while acting within the scope of
What Is The Legal Term That Describes The Amount Of Care A Prudent Person Would Exercise? Reasonable care is “the degree of caution and concern for the safety of the self and others an ordinarily prudent and rational person would use in the same circumstances.” It acts as a minimum standard that must be met,
What Is The Learned Hand Formula? The Learned Hand formula is an algebraic formula (B = PL), according to which liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident. If PL exceeds B, then the defendant should be
What Is Cercla Responsible For? The Comprehensive Environmental Response, Compensation, and Liability Act — otherwise known as CERCLA or Superfund — provides a Federal “Superfund” to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment … Who can be liable under
What Is The Purpose Of Liability Insurance Protection? Generally speaking, it helps pay to repair another person’s property or for their medical bills if the policyholder is found responsible for causing the damage or injuries. If you’re at fault for an accident that injures another person, bodily injury liability coverage helps pay for their medical
What Is A GX Modifier? The GX modifier is used to report that a voluntary Advance Beneficiary Notice of Noncoverage (ABN) has been issued to the beneficiary before/upon receipt of their item because the item was statutorily noncovered or does not meet the definition of a Medicare benefit. What modifier is used for ABN? Use
What Is Better Limited Or Unlimited Liability? Tip. Limited liability means the business owners’ liability for debts is restricted to the amount they put into the business. With unlimited liability, the business owner is personally responsible for any loss the business makes. Why is unlimited liability a good thing? Understanding Unlimited Liability It indicates that
What Is Considered Employer Negligence? Employer negligence is a concept that often comes up in workers’ compensation cases that our firm handles and something workers should know about. This term describes a person or entity that fails to act reasonably, given the circumstance. … That the defendant (in this case, the employer) owed them a
What Does The Reasonable Person Standard For Negligence Mean? If a person acts in a way that a reasonable careful person would not act, or fails to take a precaution that we would expect from a prudent person, we can say that the defendant breached his duty of care – – the defendant acted carelessly