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57) Both Catholic moral theology and the American Medical Association have recognized that, just as it is possible either to withhold a medical intervention or to provide a medical intervention with the aim of causing the patient's death, so it is possible either to refuse life-saving medical treatment or to furnish treatment that foreseeably shortens a patient's life (such as some types of painkillers) without aiming at death.
Cardozo did in fact deny liability because the plaintiff was outside "the orbit of the danger as disclosed to the eye of reasonable vigilance"(66)--Cardozo's rather baroque manner of saying that a defendant's duty only extends to foreseeably endangered plaintiffs, not a passenger on the other end of the station platform.
4) How do Risse's statistics help him answer these individual human beings near the bottom when they ask us how we can justify imposing a global order designed so that it foreseeably produces a huge avoidable excess in misery such as theirs year after year?
The court concluded that it "is not reasonable to require BIC to take all possible measures to ensure that its products could not be misused by anyone who might, even foreseeably, come into possession of them.
Fraudulent conveyance law generally protects present and subsequent creditors from transfers made by a person who is (or foreseeably will become) their debtor.
Does it involve simply trucks, dolls, paper, and paint--or anything a child can foreseeably "play" with?
In scenario 3, social institutions foreseeably and avoidably engender (but do not specifically require or authorize) the nutritional deficit through conduct they stimulate: certain persons, suffering severe poverty within an ill-conceived economic order, cannot afford to buy foodstuffs containing V.
14 suggests that it is appropriate for the lawyer to seek such guidance, particularly when the matter of incompetence may foreseeably result in adverse consequences to the client.
The Complaint alleges that defendants violated the federal securities laws by failing to disclose the following adverse factors that were having a materially negative impact on Salton's business: (i) the Company's main revenue and growth driver, the Foreman Grill, had saturated the market such that it was entirely foreseeable that sales had stalled and would continue to stall and/or could not be counted on for continued and sustainable revenues in the near term; (ii) without the Company's illegal price support scheme, Salton could not maintain its market position or profit margin; and (iii) throughout much of the Class Period, Salton was either in violation of the Company's debt agreements or was foreseeably going to be in breach of those agreements.
Also, Scott was within the class of persons who could foreseeably be injured by the defendants' violations of federal safety regulations because he was a business invitee of the defendant.
This foreseeably will change with TennCare's replacement of its present ASO system, and we will provide updated guidance after obtaining definitive information on those changes.
Products must be made to prevent injury when foreseeably misused, even if such (mis)use was not "intended.
Florida's highest court proclaimed that a cause of action exists when there is: 1) a significant discernible physical injury, 2) when such injury is caused by psychic trauma, 3) resulting from the negligent injury imposed on another, 4) who, because of his or her relationship to the injured party, and 5) his or her involvement in the event causing the injury, is foreseeably injured.
In jurisdictions that follow the Restatement (Second) of Torts [sections]402A, which imposes strict liability for the sale of "any product in a defective condition unreasonably dangerous to the user or consumer," the test of whether a product is defective when sold is whether it is unreasonably dangerous given the circumstances that will foreseeably attend its use.
Hickingbotham also claimed damages "because the defendants owed a common law duty of care to monitor prudently his consumption of alcohol and their failure to meet that duty directly, foreseeably, and proximately caused his motor vehicle accident.
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