Case Analysis: Students are obliged to pre-prepare a two-page outline of their answers to the stated cases/problems in the given tutorial. The faculty will ask individual students to deliver an oral summary of their outline answer to the tutorial problems. These answers‚ written and oral‚ will form the basis of the tutorial proceedings. Here is a “rough guide” to the seven headings under which any case should be analyzed: 1. Case History = what was the legal basis of the claimant’s claim? When
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ASSIGNMENT TORT The liability involved is trespass to person which consists of assault‚ battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing
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He would like to claim for such economic loss of $50‚000. In addition‚ Peter expects to claim for medical expenses of $10‚000 and loss of income of $20‚000 for the duration of the injury. REQUIRED: Advise Peter of his legal rights under the law of torts. (Maximum word length: 1‚000 words) Question 2 (10 marks) On Monday‚ Aaron wrote a letter to Ben offering 300 bags of cement at $100 per bag. On Wednesday‚ Ben received the letter of offer from Aaron and posted a reply letter to Aaron in which
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Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts‚ the requirements for this are duty‚ breach of duty by the defendant‚ causation and injury(Stuhmcke and Corporation.E 2001). However‚ this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence‚ duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care
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Torts Outline- Brill Fall 2001 Overview: *What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy. *Purposes of Tort law: Deter wrongful Encourage socially responsible behavior Restore injured parties to their original condition Peaceful means Intentional Torts I. Intent a. Definition—(1) voluntary acts for the purpose of causing [the essential element of the tort] OR (2) voluntary acts with knowledge
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would be vicariously liable for Dales actions. b) The causes of action taken on Dale are the tort of false imprisonment‚ the tort of assault and battery‚ and negligence. If the customer‚ Bob‚ has not stolen any goods there is no justification for holding Bob. Bob was intentionally restrained against his will‚ and there was no lawful reason to do so. This restraint
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Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer
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Intentional torts‚ negligence‚ and strict liability ASSIGNMENT Explain the general differences between intentional torts‚ negligence‚ and strict liability. Additionally‚ explain the elements of intentional torts and negligence and provide working examples to illustrate each. FACTS 1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require
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PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the
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