law class wk5 paper - Negligent Tort BUS 670 Barry Morinaka...

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Negligent Tort BUS 670 Barry Morinaka October 31, 2011 Bridget Hall
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Tort law is one of the major areas in our legal system today. A tort as defined by Merriam-Webster is “a wrongful acts other than a breach of contract for which relief may be obtained in the form of damages or an injunction” (Merriam-webster.com, 2011). In most cases, a plaintiff seeks some kind of monetary damages. There is high speculation relating to this law in question all over the media today, a high profile case concerning the physician of Michael Jackson. The law is imposing that this physician had a standard of care he had to adhere by and there was a breach of this duty. As a physician alone, this individual had a set of guidelines or regulations he had to follow but the negligence to do so results in the consequences he faces today. The law now has to decide which, if not both, intentional and negligent torts to charge this physician with and is crucial in this case. “The elements of a negligence claim are: (1) that
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