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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Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
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possible if ‘prescribed by law’ and ‘necessary to democratic society’ * s.6 HRA 1998 – unlawful for public authority (incl. courts) to act incompatibly to ECHR. * Ovey and White (2006) – Court consistently gives protection to publications/speech‚ it views these as central to the protection of other rights. * Lord Steyn in Reynolds – ECtHR proceeds on fact-specific basis. But nevertheless speech more specifically protected than other forms of expression in law on defamation. Chilling
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LAW/CLAW 122 ESSAY ON ETHICAL REASONING ASSIGNMENT INSTRUCTIONS 1. Review the following fact pattern and respond to the question at the end of the fact pattern by writing a brief (maximum 500 words‚ excluding footnotes) essay. 2. This assignment is due in the 10th class of the term. 3. Please ensure that you include the following information with your assignment: your name‚ your student number‚ your section number‚ and the total number of words in your essay. 4. This is an individual assignment
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Definitions Assignment - TORT Intentional Torts – Intentional Torts are battery‚ assault‚ false imprisonment‚ trespass to land‚ trespass to chattel‚ and conversion. See examples of each below. Battery – The intentional unlawful‚ harmful‚ or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe. Assault – The intentional threatening of another with
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Torts Exam Notes Intentional Torts Trespass to the Person Battery - directly and intentionally (or negligently) bringing about a harmful or offensive contact with the person of another - the ‘body is inviolate‚ and that any touching of another person‚ however slight may amount to a battery’ - Rixon - doesn’t have to cause harm - Rixon v Starcity Casino - Collins v Wilcock - no requirement of hostility or anger - Wilson v Pringle - In Re F - exception is made
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Tort reform refers to the proposed changes in the common law civil justice systems that would reduce tort litigation and/or damages. Tort liability imposes significant cost on society. In 1991‚ US has spent a total of $131.6 billion on tort litigation‚ which is approximately 2.3% of the gross domestic product (GDP)1 Studies have shown that the citizens pay a tort tax of $1200 per individual or nearly $5000 for a family of four. 2 Today‚ tort reform is a contentious political issue and its advocates
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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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Why should marijuana be legalized? Marijuana can be argued for different reasons. In my case I will be arguing the medical purposes for legalizing marijuana. Marijuana has positive features‚ and how people prefer using marijuana. Marijuana helps individuals get through a variety of things that they suffer. Marijuana provides relief from pain‚ rather than other medications out there. Many individuals prefer marijuana over anything else to relax. An argument on why people using marijuana spend more
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patients and distributors of medical marijuana have battled the federal government for their right to use marijuana for its medicinal qualities. Although marijuana use is against federal law‚ medical marijuana has been permitted in sixteen states by a majority vote. The conflict between state and federal law has ignited a large conflict regarding medical marijuana and has resulted in the prosecution of many who use and distribute medical marijuana. Supporters of medical marijuana believe that the effects
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