logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham‚ North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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appellant was charterer by demise of a vessel. the "Wagon Mound"‚ which in the early hours of 30th October 1951 had been taking in bunkering oil from Caltex Wharf not far from Sheerlegs Wharf. By reason of carelessness of the "Wagon Mound" engineers a large quantity of this oil overflowed from the "Wagon Mound" on to the surface of the water. Some hours later much of the oil had drifted to and accumulated round Sheerlegs Wharf and the respondents’ vessels. About 2 p.m. on 1st November this oil was set
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Exam training Case 1 Chapter 1 Basics of financial reporting Chapter 2 International accounting differences Chapter 3 The process of harmonization Case 1 Case of Sanofi – Aventis Case “Old habits die hard” Case 2 Chapter 11 Basics of interpretation of financial statements Chapter 30 Interpretation of financial statements Chapter 31 Techniques of financial analysis Calculate ratios and conduct the analysis Case 2 Calculate Profitability
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Tort Reform Legislation The Seventh Amendment to the United States Constitution provides for the right to a jury trial in certain civil lawsuits. The proponents of tort reform legislation believe that in recent past there have been abuses in the civil justice system that need to be limited. In contrast‚ the opponents of the legislation believe that access to courts in order to seek remedy when deliberately or negligently harmed is vital for safeguarding individual rights. Opponents also believe
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Dan‚ Joey and Mike are teenagers out for a walk on Longmeadow Lane when they spot a bright and inviting Halloween display on the Jones’ property. Without meaning to damage anything‚ they decide to walk across the lawn to get a closer look. Unknown to them‚ there is a faulty electrical connection on one of the jack-o-lanterns. Mr. Jones had intended to repair the wiring but he didn’t get around to it before installing the display. In addition‚ there are a few groundhog holes on the front lawn that
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Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek‚ pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone
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In this case‚ Nona was approached by Samseng on her way home after work. Samseng then threatened by pointed a gun onto her head and asked Nona to surrender her money. In order to take legal action against Samseng under assault‚ the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case‚ the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted
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important signs that the baby was in distress‚ and then failed to take corrective action” (Cohen 2013) What if this happen to you? Is there a fixed price‚ which can make up for the mistakes that were made? I think that there shouldn’t be a cap to the monetary damages that are awarded in malpractice cases. To further understand the issue‚ let’s begin with tort reform. “Tort reform is legislature usually passed at the state level which affects the malpractice laws of a state. Tort reform usually includes
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