Characteristics of torts: 1. Wrongful conduct (by way of an act or omission) 2. Infringement of a person’s rights 3. An Available action for damages LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury * INTRODUCED Civil Law (Wrongs Act 2002). Civil Liability Act 2002 (NSW) Personal Injury (Liabilities and damages) NT. * ALL OF ABOVE ^ referred to as the Civil Liabilities Acts. INTRODUCTION TO INTENTIONAL TORTS DIRECTNESS Concept of directness
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Objectives At the end of this lesson students should be able to: • Define the term “hurricane” • List three categories of a hurricane. • Tell how a hurricane is formed • State how a hurricane is measured and name a scale which is used. • Define the structure of a hurricane • Explain the effects and impacts on the environment and the society. Definition A Hurricane is a severe storm with
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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The taxpayer filed a lawsuit to recovered damages for personal injuries sustained in a 2000 auto accident. In 2004‚ a jury awarded the taxpayer $1‚600‚000M in damages and also delay damages of $1‚080‚000‚ resulting in a total judgment of $2‚700‚000. The defendants appealed the award‚ however while the appeal was pending the parties reached a settlement‚ which provided for payment to the taxpayer in the amount of $2‚550‚000. In 2009 after attorney’s fees of $850k were deducted the taxpayer received
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Two devastating and deadly natural disasters are the hurricane and the tornado which both cause heavy amounts of damage and are uncontrollable. There are many similarities in how hurricanes and tornadoes are formed. Although they are distinct disasters‚ hurricanes‚ and tornadoes pose similar threats to resources because of high winds which can destroy properties and affect the economy along with people’s lives. Both the hurricane‚ and the tornado are rated on a category scale. First‚ devastating
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Plaintiff‚ Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant Law and Application 1 Did the Defendant owe the Plaintiff a duty of care? As per Donogue V Stevenson‚ the law states that the defendant owe the plaintiff a duty of care if the negligent act causes physical or psychological injury to person or damage to property. It therefore must fulfill these two tests.
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Columbia Pictures then sued for copyright infringement. Columbia Pictures decided to pursue statutory damages in lieu of actual damages ("Feltner v. Columbia Pictures Television‚ Inc. 523 U.S. 340"‚ 1998). Feltner sought a jury trial but was denied by the Federal District Court that stated that there is no statutory right to a jury trial in copyright infringement cases and awarded Columbia pictures damages of $20‚000 per act of infringement equaling a total of $8‚800‚000 ("Feltner v. Columbia Pictures
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ground shaking lasted about 20 seconds as a result of a right lateral strike-slip faulting system. A considerable portion of the areas infrastructure‚ which at the time was considered to be able to withstand a major earthquake was destroyed. The worst damage occurred in heavily developed regions built upon poor soils and artificial fill (loose and soft soil) leading to amplified ground motions and longer durations. (EQE) Kobe city was the most populous city in the region which suffered most infrastructure
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of double sale of a car. The creditor could accept repudiation and sue when the time of performance is due. Alternatively he can refuse the repudiation and sue for specific/exact performance originally envisaged in the contract by the parties. Damages are the monetary equivalents to performance. They constitute the surrogate to specific performance. Specific performance is usually given at the discretion of the courts – on the basis of specific consideration the courts may refuse to grant specific
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Superego‚ level of moral development‚ conformity‚ deindividuation‚ and modeling are a few factors that can help determine weather and adolescent wearing a masked costume will damage property if denied treats on Halloween. Superego is the part of personality that‚ according to Freud‚ represents internalized ideals and provides standards for judgment (the conscience) and for future aspirations. Superego could affect the adolescent’s decision if his superego is strong‚ if it is strong the child will
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