In January 2001 a New York man attended a family birthday party at a Benihana restaurant, where chefs, while cooking at the table, routinely throw pieces of food for diners to catch with their mouths. The man wrenched his neck while ducking a piece of flying shrimp, requiring treatment by several doctors. By that summer, doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died. The family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery, which in turn was the result of the chef’s actions in throwing food at diners. Do you believe that Benihana should be liable for the man’s death? Why or why not?

Answers

Answer 1

Based on the information given, Benihana should not be liable for the man’s death because he had an underlying disease.

From the information given, Benihana isn't responsible. The man had a high fever. Also, his autopsy showed septicemia which is blood poisoning. He was as well suffering from gout.

The infection that he had could also have been due to exposure to dead animals which made him have septicemia. It should be noted that his death was not because of the neck wrenching that he had. Therefore, Benihana should not be liable for the man’s death.

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Related Questions

what is a public opinion poll

Answers

Answer:

It's a survey.

Explanation:

Public opinion poll is a humane research survey of public from a particular sample.

Answer:

It is a survey used for human research.

I hope this helped at all.

What is the difference between precedent and law

Answers

Answer:

Precedent is only constitutive. A judge is bound by the precedent of the higher courts and the enacted law. If a precedent checks the operation of a rule it is only on the ground that it is not law. But, when a rule is established as law, a precedent cannot abrogate it.

Explanation:

1. “A qualidade da democracia depende muito da participação dos seus cidadãos.”
Justifique a resposta.

Answers

Answer:

I think its C

Explanation:

According to Goldstein, what is the proper role of politics in policing, and what is an improper role?


Criminal justice masterworks : a history of ideas about crime, law, police, and corrections

Answers

According to Herman Goldstein, the proper role of politics in policing is allocating resources to ensure adequate problem-oriented policing followed by close monitoring of police activities.

Political influences should not have a place in policing a society. According to Goldstein, policing is itself an aberration in a free society. Adding politics to the activities of the police department will decrease society's freedom and individual liberty and complicate societal relationships.

In dealing with crime and law enforcement, police should be mindful of social and physical disorders and help the government curtail such occurrences. The improper role of politics in policing occurs when policing is used by politicians to subject opposition members to oppression or harassment.

Thus, the proper role of politics in policing is to ensure that there are adequate resources for policing, monitoring the outcome of policing in the society, and not intervening in policing based on political affiliations.

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Công ty Z có giao kết HĐLĐ có thời hạn 36 tháng (từ 1/1/2019 đến 1/1/2022) với người lao động Y, công việc là công nhân xưởng bao bì, mức lương 7.000.000 VNĐ/tháng. Ngày 1/10/2021, do xưởng bao bì có kế hoạch sáp nhập với xưởng đóng gói nên một số công nhân, trong đó có Y bị dư thừa. Ngày 5/10/2021, Công ty bố trí cho Y làm công việc bảo vệ xưởng đóng gói, mức lương 5.500.000/tháng. Y không đồng ý với phương án này, từ 6/10/2021, Y lên công ty nhưng không được bố trí làm công việc gì, công ty cũng không chấm dứt HĐLĐ với Y. Ngày 26/10/2021, phòng nhân sự có thông báo Y không được hưởng lương tháng 10/2021 vì không làm việc. Y tìm đến VPLS để bảo vệ quyền lợi của mình.

Với tư cách là người tư vấn, anh (chị) hãy:

1. Xây dựng bảng câu hỏi cho tình huống nói trên (chỉ dành cho sinh viên có số tận cùng của MSSV là số chẵn)

2. Xác định vấn đề pháp lý và văn bản áp dụng (chỉ dành cho sinh viên có số tận cùng của MSSV là số lẻ)

3. Xây dựng các phương án tư vấn cho tình huống nói trên (dành cho tất cả sinh viên)

Answers

Answer: 3. Xây dựng các phương án tư vấn cho tình huống nói trên (dành cho tất cả sinh viên)

Explanation: Cả hai câu trả lời một và hai đều có thể áp dụng được. Do đó, câu trả lời thứ ba là câu trả lời chính xác.

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List 5 of the rights in the Declaration of Human Rights:

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Answer:

Hope my answer helps Mark me brainliest (⌒▽⌒)(⌒▽⌒)

Explanation:

Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.

Answer:

1. We are all born free and equal.

2. Don't Discriminate.

3. The Right to Life.

4. No Slavery.

5. No Torture.

Explanation:

Please mark me brainliest!!!!

"According to the ABA Standards for Criminal Justice, prosecutors have a duty to"

Answers

Answer:

They are obligated to act with diligence, litigate, promptness to investigate, and get rid of charges.  

Explanation:

They must act diligently, litigate, launch investigations right away, and drop accusations.

What is investigated?

A detective's work is investigation. Private investigators conduct investigations. A criminal investigation is the study of facts needed to identify, locate, and prove the guilt of an accused criminal. An investigation is a thorough search for facts, particularly those that are hidden or must be.

In the ABA Standards for Criminal Justice, prosecutors have a duty to"They must act diligently, litigate, launch investigations right away, and drop accusations.

Establishing pertinent data to support or refute claims of fraud and corruption is the goal of an inquiry. It is a legally mandated fact-finding process that is carried out in an objective, impartial way with the goal of establishing the pertinent facts and making suggestions in this regard.

Therefore, Investigations right away, and drop accusations.

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thành viên hopej danh có thể là cá nhân hoặc tổ chức có tư cách pháp nhân là đúng hay sai

Answers

Thật. Một cá nhân hoặc tổ chức sở hữu các quyền pháp lý riêng biệt và riêng biệt, chẳng hạn như cá nhân, công ty hợp danh hoặc công ty. Một thực thể, trong số những thứ khác, có thể sở hữu tài sản, tham gia kinh doanh, ký kết hợp đồng, nộp thuế, khởi kiện và bị kiện

The action of police going through a person's home upon lawful entry to see if there is someone that may pose a threat to the officers is called a

Answers

Answer: Protective sweeps

Explanation:

Answer:

Protective Sweep.

The action of police going through a person's home upon lawful entry to see if there is someone that may pose a threat to the officers is called a protective sweep.

I hope this helped at all.



8. The Bankruptcy Code is found in which title of the United States code?
a. Title 10
b. Title 12
c. Title 11
d. Title 13

Answers

Answer:

The Bankruptcy Code is found in which title of the United States code?

-Title 11

Title 11 of the United States Code.

Title 11, also known as the United States Bankruptcy Code, is the main source of bankruptcy law in the United States.

I hope this helps! :)

Should Remembrance Day be declared an official statutory holiday? Why or why not.

Answers

Answer:

Remembrance Day should be declared as an official statutory holiday.

Explanation:

It should be an official statutory holiday because it is one of the most important holidays for our country. This day recalls the soldiers that have died at the end of the first world war. Thousands of people attended events around the country commemorating the war and military sacrifice. It was still a day to mourn the fallen, but there were intermittent pleas to remember the horrors of war and to embrace peace throughout customary ceremonies.

which of the following country is follow presidential dimocracy system a) france b) Senegal c) USA​

Answers

Answer: The USA

Explanation:

Should a judge's political party affiliation or his personal values affect the way he or she makes decisions on the bench? Describe the impact of making decisions with those biases. Is there an inherent inconsistency in these preferences?

Answers

a judges political party should not affect the way she or he makes a decision on the bench

Explanation:

religion, personal experience, upbringing & anything else that affects a judges personal values should not affect their legal decisions because America is a free country, which includes religious freedom! Their decision should be fully based on the law!

Promulgation and passing of statute

Answers

Answer:

Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval.

Explanation:

Question 1. Discuss the sentencing models of indeterminate, and determinate?

Question 2. Discuss the United States Supreme Court's involvement in concerns over the death penalty, and include relevant case law?

Answers

Answer:

the key difference between determinate and indeterminate sentencing that the determinate sentence is a person

Why do I have to watch adds

Answers

Answer:

Ads are how some websites profit. For example, if a website streams movies 100% free, they still have to make profit somehow. What you probably dont know is that some websites sell your data to these advertisers so they can advertise to you.

Maybe consider getting firefox so you dont need to worry about ads. :D

1. Explain the relationship between the Speedy Trial Act of 1974 and the Sixth Amendment.

2. Do you think the Criminal Justice System does a good job at protecting the defendant's Sixth Amendment Right? Why or why not? Give evidence to support your answer.

Answers

The Speedy Trial Act of 74' states that a trial shall not be delayed more than 100 days, the Sixth Amendment states that you have the right to a speedy trial, they are basically the same thing the 74' Speedy Trial Act just puts a number to the Amendment.

The Criminal Justice system does a terrible job at providing speedy trials, some suspects spend years waiting for their trial, and get partial or biased jury members. The Criminal Justice system in general needs reformed but especially when it comes to speedy trials.

Cases about issues that come up in cities and towns (like traffic violations or landlord-tenant issues) are heard in:
Federal Courts
State Courts
The U.S. Supreme Court

Answers

The answer is Federal Courts

How important equal protection of law in the lives of the people?​

Answers

Answer:

protects Americans from being treated unequally by the government absent justification for such treatment.

Explanation:

Equal protection ranks among America's most important constitutional rights. It protects Americans from being treated unequally by the government absent justification for such treatment. In many areas—such as race or national origin—the Constitution creates an extremely high bar for such justification.

In what ways are the rights of free speech and press limited?

Answers

Seditious speech is not protected by the first amendment

Would you be willing to volunteer on a community reparation board why or why not

Answers

Answer:

Explanation:

Yes because volenteering helps us grow as a better community

Answer:

Yes, because I love law in general, and working a job like that would make be tremendous.

If you're wondering, a community reparation board is...

A community restorative board  is a small group of people, prepared for this role by intensive training, who participate in public meetings with offenders sentenced by the court to participate in the process.I hope this helped at all.

Can a student in US public schools be punished or expelled for blog posts on their personal blog that were not posted during school hours or on a district provided and owned computer?

Answers

Answer:

No, you can not be expelled. But it would result in a consequence. But all in all, it depends on the school you go to. For example, your school could be...

Very strict.I hope this helped at all.


Negligence is the failure to exercise the standard of care that a reasonable person would
apply in similar circumstances.
True or False

Answers

True, The circumstance I would think of is medical.

Agencies develop what
from legislative guidelines.

Answers

Answer:

Federal administrative law derives from the President, agencies of the Executive Branch, and independent regulatory agencies. Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions.

Badger Bank and Trust (Badger) is a community bank in Oshkosh, Wisconsin. Badger loaned $5,000 to Plessy and charged him an interest rate that was five (5) percent higher than the statutorily- allowed maximum. This loan would be considered____.
a. usurious
b. fraudulent
c. valid, since Badger can determine what potential profit is necessary to compensated it and its owners for the assumed risk
d. voidable at the election of Badger
e. void at the election of Plessy​

Answers

Based on the rate charged to Plessy, we can determine that this loan is a. usurious.

When a loan is usurious:

It means that the interest charged is exorbitant It is considered immoral It can be considered illegal if it is above the rate required by law for such loans.

The interest charged is 5% higher than what the law allows here which means that the rate must be quite high.

We can therefore conclude that this loan is usurious and action can be taken against it.

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Trình bày ý nghĩa lịch sử của học thuyết Mác – Lenin về giải thích tính giai cấp, tính xã hội của nhà nước

Answers

Explanation:

Học thuyết về Nhà nước của Chủ nghĩa Marx-Lenin hay còn gọi là Lý luận về Nhà nước và Pháp luật của Chủ nghĩa Marx-Lenin là hệ thống những kiến thức của chủ nghĩa Marx-Lenin về những quy luật phát sinh, phát triển đặc thù, những đặc tính chung và biểu hiện quan trọng nhất của nhà nước nói chung và nhà nước Xã hội chủ nghĩa nói riêng.[1] Tập trung vào phân tích nguồn gốc và bản chất của nhà nước, Lý luận của những người Marxist đi sâu nghiên cứu về nhà nước một cách tổng thể những vấn đề chung nhất về bản chất, chức năng, vai trò của nhà nước, hình thức nhà nước, bộ máy nhà nước và làm sáng tỏ mối quan hệ giữa các bộ phận trong thượng tầng kiến trúc chính trị-pháp lý với các tổ chức xã hội, giữa nhà nước với cá nhân.

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