INTRODUCTION Intention‚ motive and malice are the mental element or state of mind of one who aims at bringing about a consequence. The general rule is that intention‚motive and malice are not relevant in the Law of torts. However‚ to every general rule there exceptions‚ this paper will discuss in some detail. the meaning of the three terms of intention‚ motive and malice as used in the Law of torts. In discussing the terms as used in tort‚it is important to note that Tort means a civil wrong
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issues. The textbook revealed that the three categories of torts are intentional torts‚ unintentional torts and strict liability. When it comes to potential tort risks that arise in the business context Team B looks at malicious prosecution. According‚ to the legal dictionary malicious is an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice
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justice and the good of the community require that the matter should be examined‚ there is said to be a probable cause for‚ making a charge against the accused‚ however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears. In an action‚ then‚ for a malicious prosecution‚
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dismissed for some of the more serious offenses. Although highly controlled by the prosecution‚ the Grand Jury is not to be tampered with or manipulated by the prosecution. Any attempt by the prosecutor to manipulate or malfeasance in the judicial system should be reported by the Grand Jury (Johnston‚ 1974‚ p. 160). It is this manipulation of this asset that can turn the Grand Jury into a (tool) for the prosecution instead of a patriot for justice. As in the case of State v Joao where prosecutorial
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Q.1 Define Tort and explain its essential elements. Distinguish Tort from breach of contract and Crime. Ans. The term “Tort” has been derived from the Latin term “Tortum” which means to twist.It means twisted‚ crooked‚ unlawful‚ or a wrongful act rather than an act which is straight or lawful. Tort may be defined as a “Civil Wrong” which is repressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust” Tort is a civil wrong as opposed
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data appropriately and take every precaution to protect it from loss‚ unauthorized access or theft. Misusing‚ losing or otherwise compromising this data can carry a steep financial cost‚ damage a business’s reputation‚ and even lead to criminal prosecution‚ because of complex and frequently changing regulations.” (Stringer‚ 2010) Even though companies keep PII‚ it doesn’t mean that your stuff is safe. Unfortunately‚ crackers don’t decide who they are trying to break into. Most of them are going
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Amer Idris Mrs.Bayer CLU4M Monday September 30‚ 2013 Wrongful Conviction: Gilles LeClair 1. What was the crime(s) that the individual was convicted of? Where and when did this happen? Who was the victim (name and relation‚ if any‚ to the accused)? The crime that Gillles LeClair was convicted of is second degree murder. The crime took place in Ottawa‚ Ontario and it happened on August 13‚2003. The victim of this crime was Beverley
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sedition remains a crime under 18 U.S. Code § 2384. This federal statute was created to punish seditious conspiracy and outlaw advocating the overthrow of the federal government by force. Established in SCHENCK v. U.S.‚ (1919)‚ to qualify for prosecution‚ the seditious act must include statements that “create a clear and present danger that they will bring about the substantive evils that
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station A and stop at station B that is false imprisonment malicious prosecution our intention was to look on procecution‚ I procicution is conducted by malice ie ill-intention‚ it is very hard to esblish malice cos it is hard to read one mine so what we do is by infer‚ take eg if B taken to the law by A by malicious and for s omething which is nottrue B wins the case and return to tothe court for compasation because he discover it was malicious
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designated case number C2-02-989‚ pending in the United States District Court for the Southern District of Ohio‚ Eastern Division‚ be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6)‚ namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15‚ 2005‚ denied without prejudice by this Court’s Order entered March 24‚ 2005. Your Movant grounds this Motion upon the Memorandum more specifically
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