You are presently working as a paralegal in a large law firm in San Diego‚ California. Your supervising attorney‚ Janet Jones‚ has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology‚ but not actually related to any one‚ organized church. The parents allege that Rob Jr. was
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relates to torts The Wrong Act 1958 is a law most closely related to people ’s daily life‚ that means it is a legislation dedicated to set lawful regulation when someone in Victoria suffers from injuries of kind‚ he or she shall be lawfully compensated for his injury that may related to financial losses. After hundreds of years of development‚ Anglo-American tort law has formed a very sound legal system with negligent torts occupies a very important position in Anglo-American tort law. Negligence
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Anthony Mastroianni v. County of Suffolk Case Decided in 1997 Facts of the Case: Law at Issue: The law at issue is Tort Liability for Municipal Corporation through the formation of a "special relationship between the municipality and the injured party" as outlined in Cuffy v. City of New York‚ 60 NY2d 225‚ 260. (Page 2 first full paragraph) Legal Issue: Whether the Municipal Corporation failed to provide reasonable protection to the decedent despite the existence of an order of protection
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causing injuries or losses; in modern law‚ Trespass is defined by the act of deliberately invade another person’s possession or right without authorization. Such conduct is hold on to contravene upon a property owner’s legal right to relish the benefits of ownership. A trespass is categorize as an intentional tort and‚ in the few form the circumstances‚ can be penalize as an offense crime. The law of trespass today has substantial of its genesis in criminal law where its purpose is didincentive than
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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Civil Liability Civil Liability can be a problem for almost everyone in ever day life. Civil Liability impacts police officer ever day in their lives and at work. It can be defined as a citizen’s responsibility to each other and provided law suits to recover damages for injured caused by failing to carry out these responsibilities. It also very well can impact more than only police officers but anyone put in the situation to deal with the rights of people. Police Officers must always be aware
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the elements and emphasis on intention of each trespass to person. Besides‚ I will give cases and examples for easy understanding. After that‚ I will discuss whether intention still important nowadays and whether intention necessary to establish the tort of trespass to persons? Lastly I will conclude the essay with my own opinion. Trespass to persons means that there is an intentional act that interfere the plaintiff’s person or his body. Trespass simply means no more than “wrong” and trespass cases
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Introduction: Aim The aim of this article is to examine the role of the Law of Tort in business activities assessing particular forms of tortuous liability and apply the elements of the Tort of Negligence. Scope It includes the nature of general tortuous liability,the nature of employer’s liability,the application of the elements of the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on
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(Moon) Registration No.: F05 – 051 Class: F05-B Submission Date: 26 December 2013 Table of Contents Introduction 3 Task 1 (Outcome 3.1) 3 Contrast liability in tort with contractual liability using the situations in the scenario 3 Task 2 (Outcome 3.2 & 4.1) 4 Explain the nature of liability in negligence and apply the elements of the tort of negligence and defences in situations above 4 2.1. Duty of care 4 2.2. Breach of Duty of care 5 2.3. Strict liability 6 2.4. Apply to scenario 6 Task 3 (Outcome
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relinquished from negligent allegations. Additionally‚ details on the penalties of negligence from police officers will be provided in this essay. Police Negligence and Liability 3 Introduction Many law enforcement agencies have come under intense scrutiny concerning their actions against suspects/criminals. Most of the complaints are against Caucasian police officers and the excessive and sometimes very brutal force they use against minorities. This
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