1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
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TORTS ESSAY ONE Scenario: Pilot‚ Dan and Farmer In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved 4 May 2015‚ from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved
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Negligent Tort Deaundra Chatman BUS670: Legal Environment (MFH1446A) Instructor: Leah Westerman Date: January 15‚ 2015 Negligent Tort Manufacturing industries are in the business of making products for the consumer industry‚ products that supposed to be sustainable and have the potential to improve the lives of the people using them. In most cases‚ they get it right; they make a product that does not have any problems when it comes to using it. However‚ in some situations‚ there happens
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1. Causation General Test Barnett v Chelsea Hospital [1969] 1 QB 428: P drank some tea which had been laced with arsenic and he presented himself at D’s hospital since he was vomiting. D told him to leave and call his own doctor. P died‚ but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital‚ and that D was negligent in not treating him.
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Tort Q-Define Tort‚ and its essentials. Q- injuria sine dmno and damnum sine injuria. Q- write a short note s on the following in the light of two latin maxims• • Gloucester Grammar School Case. Ashby V white The word tort has been derived from the Latin term tortum‚ which means to twist. It includes that conduct which is not straight or lawful. It is equivalent to the English term wrong. Tort is the breach of duty recognized by law. Definition of Tort-Salmond- it is a civil wrong for
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harm‚ the foreseeable severity of harm that may ensue‚ and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1‚ 2005). Negligent conduct may consist of either an act‚ or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965). Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure
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the issue‚ let’s begin with tort reform. “Tort reform is legislature usually passed at the state level which affects the malpractice laws of a state. Tort reform usually includes laws that limit‚ or cap‚ the amount of money that patients can receive as an award from a clinician they’ve sued for malpractice. Additionally‚ tort reform caps the amount of punitive damages a judge can order the physician to pay” (Santiago 2014) Over 38 states have tort reform‚ I believe tort reform‚ was put in place to
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BUSINESS REGULATION SIMULATION Mary Grace C. Viray LAW/531 May 25‚ 2013 Professor Gregory Martin In analyzing the tort violation that Alumina‚ Inc may have possibly violated‚ they may be looking at negligence tort. There was definitely a breach of duty but still needs to prove that there is a proximate legal cause of injury from the result of environmental non-compliance of Alumina to be considered a case of negligence. After the violation‚ the company should have developed Enterprise Risk
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* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
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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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