Chapter 12 Torts The Basis of Tort 1. The Purpose of Tort Law a. Damages Available in Tort Actions Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses Special damages: compensate the plaintiff for quantifiable monetary losses. General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered‚ such as pain and suffering. b. Punitive Damages: Only when the defendant’s conduct was particularly
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Chapter 11 – Fundamentals of the Nervous System and Nervous Tissue I. The 3 Overlapping Functions: a. Sensory Input: b. Integration: c. Motor Output: II. Levels of Organization in the Nervous System: a. Central Nervous System (CNS): b. Peripheral Nervous System (PNS): i. Sensory (afferent) Division: ii. Motor (efferent) Division: 1. Somatic Nervous System: 2. Autonomic Nervous System (ANS): a. Sympathetic Division: b. Parasympathetic
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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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The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur‚ where responsibility is predetermined‚ tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible‚ or liable for such injuries. Tort law is broken down into three main categories‚ negligence‚ strict liability‚ and intentional tort. In negligence tort one is accused
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the maid that she should get some letters of her mistress and give them to the detectives. If she did not do that they would tell the police that her boyfriend was a German (he was not‚ but he would be imprisoned nevertheless). She suffered a nervous shock. Intentional injury. Application of the WILKINSON v. DOWNTOWN (1897) principle. Compare: KHORASANDJIAN v. BUSH (1991) - nuisance case. R. v. St. George 1840 St. George had an argument with Mr Durant and took out a gun. Before he could
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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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George sued Jerry under a theory of intentional infliction of emotional distress‚ alleging various grievances. Jerry has moved to dismiss the complaint on the grounds that even if everything George alleges in the complaint is true‚ George has failed to allege an adequate basis for liability under a theory of intentional infliction of emotional distress. The issue at hand is should the court deny the motion to dismiss. The essential elements of an action for intentional infliction of emotional
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This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials‚ written by Roger LeRoy Miller and Gaylord A. Jentz. As read in the case‚ “Kim went to Ling ’s Market to pick up a few items for dinner. It was a rainy‚ windy day‚ and the wind had blown water through the door of Ling ’s Market each time the door opened. As Kim entered through the door‚ she slipped
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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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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 for which the remedy is a common-law action for unliquidated damages‚and which is not exclusively the breach of a contract or breach of trust or other merely equitable obligation’ (Salmond:Law of Torts)1 Another
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