Lecture Aspects of the Tort of Negligence 1. 2. 3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong” (a civil wrong)
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PARTICIPATION ASSIGNMENT JS 230-020 CHAPTER 7: TORT LAW CASE PROBLEMS 1. Smiley‚ a buyer for Carrefour Fashions‚ entered the store of a rival firm‚ Boulevard Boutique‚ in order to find out what latest lines they were carrying. He was recognized by Maldini‚ the manager of Boulevard Boutique‚ who called the store detective‚ Rocco‚ and ordered him to “keep an eye” on Smiley while he‚ Maldini‚ called the police. Maldini called the police and informed them he had a “suspected shoplifter”
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Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment‚ the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages
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Question 1 [15 marks] Mary has been at a party. She has been drinking heavily and cannot walk properly. She walks home and crosses the road without looking for traffic. Bob is driving his car down the road‚ he does not see Mary because he is changing a CD in his car. He hits her and injures her‚ breaking her leg. Because of the delay caused by the traffic accident‚ another driver‚ Tom‚ is stuck in traffic. He is an electrician and because he cannot get to his next repair job of fixing the
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basic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in subsequent chapters.
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How does the law protect the rights of consumers?! The monumental changes in the last two centuries have rendered consumers especially vulnerable to unfair business conduct. In reaction to this the law has set out exactly what the rights of consumers are‚ and attempts to protect them through a number of ways. Over the years‚ the courts have made numerous decisions in relation to consumers and businesses and the result has been a thorough body of common laws that regulate the formation of contracts
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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Assignments PLG-101-1401: Torts & Personal Injury Assignment 1 (based on class 1): View submitted answer Please find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: ) 1) What were the essential facts of that case? Watson and Dixon were both employed with Duke in the Sterile Processing Department of the Medical Center‚ when Watson began to experience
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The dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced
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