Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
Premium Tort Negligence
out all the decorations on that circuit. Joey sues Mr. Jones for negligence. Please answer the following questions in approximately one paragraph each based on the courseware and what you learned in class. There is no need to research or use case law to answer these questions. 1) For purposes of liability Of land occupiers‚ what class of entrants is Joey considered part of? What are the rights of this class of entrants? What special rule or doctrine could potentially lead to Mr. Jones’ liability
Premium Tort Tort law
Question 5 a) Advice Daud whether he would likely to succeed in taking legal action against Mangosteen and Nosey. The issue is whether Daud Beckam can take legal action against Mangosteen and Nosey for defamation. Defamation according to Lord Atkin in the case of Sim v Stretch is a statement untrue whether oral or written‚ temporary or permanent‚ which injures the reputation of another by exposing him to hatred‚ contempt‚ or ridicule‚ or which tends to lower him in the right thinking member
Premium Tort Abuse
MEMORANDUM SUBJECT: Andrew‚ personal injury‚ mental injury‚ accident compensation‚ common law action FACTS: A is a cleaner employed by the University of Ewewhon. He nicks a finger on a broken test tube on the floor of a laboratory. A small spot of blood forms. He is assured the test tube was clean. A becomes extremely fearful that the glass might have been contaminated and that he might contract a serious illness. 1.0 ISSUE: Application of the Accident Compensation Act 2001 Assuming A is
Free Injury Physical trauma Tort
LA110 Torts and Litigation I Week 4 Homework Assignment Part 2 Assignment: Answer all questions in paragraph format. Chapter 9 page 143: Review Questions 1 - 15 1. A vicarious liability is one person or a third party‚ may be found liable for the act of another or shares liability with the actor. 2. Imputed negligence is places upon one person responsibility for the negligence of another. 3. A respondent superior is a master liable in certain circumstances for the wrongful acts of his
Premium Tort law Employment Agency
Overseas Tankship (U.K.) Limited v.The Miller Steamship Co. Pty. Limited and another (Wagon Mound No 2)‚ Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales‚ 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case at p 183. The case has some important passages beyond what appear in the p. 80 extract. Please add the following to your reading: LORD REID‚ LORD MORRIS OF BORTH-Y-GEST‚ LORD PEARCE‚ LORD WILBERFORCE
Premium Tort Common law Tort law
tort paper on nuisance Nuisance Nuisance is a common law tort. It means that which causes offence‚ annoyance‚ trouble or injury Under the common law‚ persons in possession of real property (land owners‚ lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn’t include visitors or those who aren’t considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment‚ either by creating smells‚ sounds‚ pollution or any other hazard that
Premium Water Water pollution
1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
Premium Duty of care Tort Standard of care
TORTS ESSAY ONE Scenario: Pilot‚ Dan and Farmer In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved 4 May 2015‚ from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com‚ 2015‚ Types of Torts - Torts. Retrieved
Premium Tort Tort law Negligence
Assessment A common misconception by the supporters of the 2003 Medical Malpractice Tort Reform Act was that medical malpractice litigation was responsible for increasing healthcare costs and limited access to care. In retrospect‚ tort reform did have a number of demonstrable effects. The effect on health care administrators‚ patients and lawyers‚ and the current and future economic impact greatly outweigh the benefits of tort reform. Health Care Administrators The 2003 statue caused health care administrators
Premium Medical malpractice Health care Physician