My role would be to respect his wishes and put the information in his file. 7. If surgery was to be performed on the patient without his consent‚ what type of tort would you classify this action as? (assault‚ battery‚ fraud‚ defamation of character‚ false imprisonment or invasion of privacy) Why? If surgery would be performed the tort would be battery because actual body harm was done without permission. 8. Would you classify the
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Introduction In the context of criminal law‚ "assault and battery" are typically components of a single offense. In tort law‚ "assault" and "battery" are separate‚ with an assault being an act which creates fear of an imminent battery‚ and the battery being an unlawful touching. Assault and battery are intentional torts‚ meaning that the defendant actually intends to put the plaintiff in fear of being battered‚ or intends to wrongfully touch the plaintiff. The wrongful touching need not inflict
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Week 2 Knowledge Check Study Guide Concepts Mastery Questions Intentional torts 100% 1 2 3 Negligence 100% 4 5 6 67% 7 8 9 100% 10 Product liability and strict liability Defenses to product liability Score: 11 / 12 11 12 Concept: Intentional torts Mastery 100% Questions 1. Identify the true statement about intentional torts. 1 2 3 A. A person can be sued for assault even if there was no actual physical contact. B. A person can be sued for threatening future harm. C
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Compensation Claims Contents Employers’ duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory duty Defences against a claim Contributory negligence "Violenti" rule Vicarious liability - when the employee is negligent Strict liability - when the employer is not negligent Limitations on timescales for claims Damages Procedures when a claim is made Letter of claim
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MEDICAL ASSISTANT A tort is a wrongful act that results in injury to one person by another. Medical assistants who commit a negligent act that may result in a law suit. If proven that the injury resulted from the medical assistant or doctor not meeting the standard of care‚ then a lawsuit is a possibility. However a medical assistant or doctor commits a wrongful act and the patient suffers no injury or harm‚ and then no legal action can be taken. If a medical assistant fails to report to
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For a person to be liable for an intentional tort he should have an intent to cause injury‚ even if there is no injury‚ the establishment of the fact that there was an intent to cause an injury is sufficient to hold a person liable. Hence the D is liable for charges of assault and battery. Verdict was delivered in favour of the P in the sum of $1‚500. Ratio Decidendi : For a person to be liable for his or her torts‚ he must be capable of considering the intent. The jury established
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Tort Principles of Tort and Negligence Tort = civil wrong. Negligence‚ nuisance‚ trespass and defamation are all torts. The person who commits the tort is known as the tortfeasor. Fault liability v strict liability All torts exist outside of contract. Compensation culture is a myth but people believe it is true and are therefore more risk averse No win no fee are also called conditional and contingency fees Damages based agreements regulations 2010 caps solicitors fees for contingency
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statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable care for its employers safety while at
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said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of England and Wales acknowledges the concept
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published in a magazine containing statements that the electronic recording equipment that BUGusa‚ Inc.has was a low quality and did not work more than a month. The tort that was commited with the advertisement is a strict liability tort. The tortfeasor being BUGusa‚ Inc. is held liable for the quality of the equipment they have. Intentional tort would be committed also in that the tortfeasor is making it known to others about the type of equipment that is used. WIRETIME‚ Inc. (Janet) Janet
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