USE HEADERS AND MORE THAN TWO SCHOLARLY REFERENCES In a 3 page essay provide: Introduction Briefly describe the illness you selected (adolescent type 2 diabetes). Explain an ethical issue involving
Discussion Post:
What types of problems can result from apparent authority on a construction project?
What types of losses can victims of negligence get from defendants when the defendant loses a lawsuit?
How might a lawsuit for engineering defects be allowed to go to Court after a statute of limitations expires?
How do tort lawsuits differ from criminal lawsuits?
Discussion Response
A A
What types of problems can result from apparent authority on a construction project?
When the principal authority leave the apparent authority in charge of a construction project and the apparent authority people acted in a way that maybe the principal authority did not mean to do, for example the principal might have said to spend 100 dollars on materials but the apparent bought 500 dollars’ worth of materials because they needed to do so, then if its written the principal authority may be protected against those charges.
DG
What types of losses can victims of negligence get from defendants when the defendant loses a lawsuit?
A victim of negligence can can claim the following remedies on a breach of contract: money award, specific performance, injunction, and declaration judgment. However, "tort law allows for the recovery of punitive damages to punish those acted in an egregious (or morally reprehensible) manner" (Sweet & Schneier, 2015). These actions applicable to the construction industry are: negligence, misrepresentation, interference with contract or prospective advantage, premises liability, liability of one who hires an independent contractor, and products liability. The principal function of tort law is to compensate accident victims. In order to justify a claim that the defendant was negligent, the plaintiff must establish the following elements: "the defendant owed a duty to the plaintiff to conform to a certain standard of conduct in order to protect the plaintiff against unreasonable risk of harm; the defendant did not conform to the standard of conduct required; a reasonably close causal connection existed between the conduct of the defendant and the injury to the plaintiff; the defendant invaded a legally interest of the plaintiff" (Sweet & Schneier, 2015).
BC
How might a lawsuit for engineering defects be allowed to go to Court after a statute of limitations expires?
When it comes to the statute of limitations, each state has its own process of resolving disputes.
Owners and professional that is responsible for jobs such as Subcontractors, architects, contractors, and designers. Claims against them must be based on the type of theories, including contract disputes and breach of contract. Typically statute of limitations in detail underlines the deadline of the specific number of years they have to file.
However, the validity may be challenged; if it is a federal state, the challenge would have to be on the ground that it contravened the Federal Constitution.
DC
How do tort lawsuits differ from criminal lawsuits?
The legal proceedings for tort and criminal lawsuits are different. For example, a victim of the tort can begin a court action against the wrongdoer (for example, the ‘wrongdoer’ can be someone whose negligence caused the plaintiff to injure themselves such as accidentally running into someone and hurting them…key word: accidentally). A tort is a wrongful act that injures or interferes with another person or their property. A criminal lawsuit arises when the federal government has identified a crime such as selling drugs or assault someone. The law of torts seeks to compensate victims of wrongdoings as opposed to criminal law, which is not concerned with individual victims, rather is there to protect everyone from wrongdoings.
EHO
What types of problems can result from apparent authority on a construction project?
Apparent authority means that a partner without actual authority appears to a third party to be authorized by the partnership to act". Sweet, Justin; Schneier, Marc M.; Construction Law for Design Professionals, (Page 19). Whenever the owner hires a professional person to do the contract, this person is the owner's representative and posses certain authority; however, for the contractor can seem like the professional person is the actual authority.
FO
What types of losses can victims of negligence get from defendants when the defendant loses lawsuit?
This certainly depends on the type of situation that the victims are involved in. Most of the time defendants are required to cover expenses, medical expenses pertaining to injuries, and property damages if any
BR
How might a lawsuit for engineering defects be allowed to go to Court after a statute of limitations expires?
When the defects with the project were not discovered witting the time of the statute. this can be common on structural issues because some wont present signs of poor building until different factors occur.
JP
How do tort lawsuits differ from criminal lawsuits?
Tort lawsuits are civil wrongs that cause harm to someone or group of people. A tort lawsuit consists of duty, breach of duty, causation and injury. Tort lawsuits make-up the largest category of civil litigation cases and covers a wide scope of cases. Criminal lawsuits are considered to involve an action that is considered harmful to society as a whole.
NR
What types of problems can result from apparent authority on a construction project?
There can be monetary losses. Someone may order material ahead of time for a project without having the authority to do so and it might be the wrong material, the submittals may not have been approved yet, or the quantities may be too large resulting in losses for the project.
