Tort Liability and Contract Liability A tort is a legal term for "a wrong." The "tort law" is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them‚ whether it’s a drunk driver‚ a corporation that manufactures a defective product‚ a credit card company that overcharges you‚ or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a school’s
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Adams v Lindsell (1818) The defendant wrote to the claimant offering to sell them some wool and asking for a reply ’in the course of post’. The letter was delayed in the post. On receiving the letter the claimant posted a letter of acceptance the same day. However‚ due to the delay the defendant’s had assumed the claimant was not interested in the wool and sold it on to a third party. The claimant sued for breach of contract. Held: There was a valid contract which came in to existence the moment
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Blake v. Barnard 1840 A man put his gun at the head of another and said‚ ’Be quiet or I blow your brain out’. No assault. If the person did what he is told nothing would happen. Contrast: READ v. CROKER (1853). Byrne (Canada) 1968 Canada Supreme Court A man went into a bank. Having a jacket over his hand‚ he said: I have a gun‚ give me the money or I shoot. No assault. He did not show the gun. Persuasive precedent. Janvier v. Sweeny 1919 Court of Appeal Private detectives tried
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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Negligence is a type of Tort law‚ which is a legal term that means criminal wrong‚ as opposed to a civil wrong‚ having mandatory duties for all citizens in that jurisdiction. In this law‚ the aims are deterrence‚ compensation and justice which can basically induce as protect people’s bodies and property in order to make people behave properly. Negligence placed an important role in tort law system. Apart from negligence‚ there are certain torts that specifically protect particular areas such as Defamation
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Dan‚ Joey and Mike are teenagers out for a walk on Longmeadow Lane when they spot a bright and inviting Halloween display on the Jones’ property. Without meaning to damage anything‚ they decide to walk across the lawn to get a closer look. Unknown to them‚ there is a faulty electrical connection on one of the jack-o-lanterns. Mr. Jones had intended to repair the wiring but he didn’t get around to it before installing the display. In addition‚ there are a few groundhog holes on the front lawn that
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In this case‚ Nona was approached by Samseng on her way home after work. Samseng then threatened by pointed a gun onto her head and asked Nona to surrender her money. In order to take legal action against Samseng under assault‚ the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case‚ the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted
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September 16‚ 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against
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A Report On How to Increase The Number of Bus Riders in the City of Bangkok Submitted to Robert J. Bouffier‚ SM Graduate School of Business Assumption University Date: 14th Mar 2012 Submitted by Kenji Nishi Student ID: 551-9007 BG 5000 (55) Contents Executive summary…………………………………………………………………….3. Introduction……………………………………………………………………………4. Findings..………………………………………………………………………………4. Table1: Comparison of the Fare from Big-C Ramkhamhaeng to Siam Paragon…..5. Table2: A Survey
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number of passengers‚ and high enough to allow traffic to pass beneath them. Apparently‚ the test runs for the bus in China are not yet complete or even underway‚ but the huge buzz they generated has been enough for the creators to already set sight on the US of A. U.S. Elevated High-Speed Bus (Group) is looking for manufacturers‚ and representatives to sell the bus in the United States. The bus can carry 1200 passengers‚ and will ride on rails or yellow lines outside the traditional traffic lanes. Interesting
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