causation scope of liability Defences: Contributory negligence Remedies: Compensatory damages Consequential damage Lost opportunity Fraudulent misrepresentation (deceit) = A false representation made by one‚ who either has knowledge of its falsity‚ or is reckless as to its truth‚ with the intention that the Pl should act on it‚ and which causes damage as a result = A separate tort (and not a negligence action) Representation of Fact Oral‚ written‚ conduct‚ intention
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124 Nev. 213‚ 180 P.3d 1172(2008) PROCEDURAL HISTORY The case begin when Mrs. Turner filed a complaint in district court against the Las Vegas 51s‚ alleging negligence and Mr. Turner complaint for loss of consortium‚ and negligent infliction of emotional distress (NIED). The district court concluded that Mrs. Turner’s negligence claim failed because the Las Vegas 51s did not owe a duty to protect her from the foul ball in question. Also‚ Mr. Turner’s claim for loss of consortium and NIED failed
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Assumption of Risk PARA 200 Assumption of Risk Assumption of risk provides a defense to a claim of negligence in cases where the plaintiff knowingly exposes himself or herself to danger and assumes responsibility for any harm. It is based on the premises that an individual is responsible for the consequences of choice (Tort Law for Paralegals‚ 2010). What is usually meant by assumption of risk is more precisely termed primary assumption of risk. It occurs when the plaintiff has either expressly
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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TERM PAPER Alton L. Raygor University of Minnesota A term (or research) paper is primarily a record of intelligent reading in several sources on a particular subject. The task of writing such is not as formidable as it seems if it is thought out in advance as a definite procedure with systematic perpetration. The procedure for writing such a report consists of the following steps: 1. Choosing a subject 2. Finding sources of materials 3. Gathering the notes 4. Outlining the paper 5.
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sisHow to Analyze a Paper & Forest Products Company Standard and Poors (April 2002) The production of paper and wood products alike depends upon timber resources for raw materials‚ and most companies in the industry produce both categories of products. The markets for those products‚ however‚ are often unrelated. Product Mix The first thing to examine when reviewing a paper and forest products company is product mix‚ which has a heavy bearing on a company’s financial results and future outlook.
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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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Jim. Can Jim recover in negligence from Ruth? Why or why not? Negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence is an unintentional tort‚ which the tortfeasor neither wishes to bring the consequences of the act nor believes that they will occur. In this case‚ we have one negligences: Ruth left her car in neutral‚ and one strict liability: the barn’s owner have dynamite. The first negligence‚ Ruth fails to comply a
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repose in trespass but not in negligence even if the claimant has suffered no damage. This shows its usefulness in protecting civil rights hence much of the law of trespass is the basis of a civil liberties today.
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Did the appellants owe a duty of care towards the deceased? If the appellants did owe a duty‚ how did they both breach that duty. In this case the appellants argued that to establish a case of manslaughter by negligence it must be proved by the prosecution that they duty of care has to exist between the parties. As Stone agreed to take Fanny into his home‚ both Stone and Dobinson assumed a duty of care to take care of her. They did not pursue this duty leading to Fanny’s health severely deteriorating
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