75 Tex. L. Rev. 1801 Texas Law Review June‚ 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way
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(Pozgar‚ 2013). Tort law is divided in to two categories unintentional and intentional. Unintentional torts are common in healthcare‚ as most healthcare providers do not intentionally want to cause harm. Situations as such are usually due to negligence. Negligence presents in
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intervening") refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently‚ there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant‚ it is a relatively simple matter to determine whether that cause was a breach of the duty
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The two occupier liability acts are‚ the 1957 act covers liability of occupier for injury suffered by lawful visitors. The Duty of care under the 1957 Act is only for people who have permission to be on the site (invitees or licensees) there is no duty of care for trespassers under this act. The 1984 act offers defence for trespassers as to the lawful visitor’s act of 1957. The occupier of the land owes a duty if he knows or has a rational thought as to if the ground is dangerous. The 1957 Act is
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Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable care for its
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others Torts Based on Negligence To recover a plaintiff must show the following four elements Duty Breach of duty Causation Injury. Negligence is an act or omission that results in harm to another to whom the person owes a duty of care A person who intentionally runs over another while driving has committed the intentional tort of battery A person who unintentionally (negligently) runs over another while driving carelessly has committed a tort of battery based on negligence Duty of Care The reasonable
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Snow White Paper Company "If I were to price these boxes any lower than $480 a gross‚" said James Brunner‚ manager of Snow White Paper Company’s Thompson Division‚ "I’d be countermanding my order of last month for our sales force to stop shaving their bids and to bid full cost quotations. I’ve been trying for weeks to improve the quality of our business. If I turn around now and accept this job at $430 or anything less than $480‚ I’ll be tearing down this program I’ve been working so hard to
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in Obstetric Negligence Law Wrongful Pregnancy‚ Wrongful Birth‚ Wrongful Continuation of Pregnancy And Wrongful Death Richard M. Bogoroch and Rachel J. Urman Bogoroch and Associates In recent years‚ the issues of wrongful pregnancy‚ wrongful birth‚ wrongful continuation of pregnancy and wrongful death have engendered controversy among the lawyers‚ physicians and the general public. These cases raise important public policy‚ moral and ethical issues. The purpose of this paper is to provide
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HI 5018 BUSINESS LAW Week 4 Application of Negligence to Business Chapter 9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion
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Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable Duty 33 Proportionate Liability 35 Breach of Statutory Duty 38 Defences to Negligence 42 Contributory
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