“Contract law and Tort law are like cheese and biscuits‚ different but complementary” (Holyoak 1983). A contract is an agreement between two parties that is legally enforceable. Contract law outlines the duties and responsibilities to one another‚ what a person can and cannot include in a contract and the remedies for breach of their contractual duties. Elements of a contract are offer‚ acceptance‚ intention to create legal relation‚ consideration‚ capacity of the party to contract and legality
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Intentional torts‚ negligence‚ and strict liability ASSIGNMENT Explain the general differences between intentional torts‚ negligence‚ and strict liability. Additionally‚ explain the elements of intentional torts and negligence and provide working examples to illustrate each. FACTS 1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require
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There are five different torts that can be the subject of court actions‚ the most common being Negligence. Good morning students of [example]‚ my name is [name] and I am here to give you a brief talk on an area of civil law. My presentation will be based upon the tort‚ negligence and will involve a related case. Negligence is a breach of a person’s or organisation’s duty to take reasonable care in the circumstances‚ which causes harm to a person or organization. It is a manner that involves harm
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nop Synopsis of Tort Cases Myrtis Davis‚ Gloria Pettis‚ Yolanda Williams‚ Kareemot Olorunoje Business 415 10/18/2011 Karl Triebel Synopsis of Tort Cases As stated by the text a tort is a wrong that either intentional or unintentional (Cheeseman‚ 2010). The following are four scenarios each compiled of circumstances that exhibit various torts. Team B will identify the torts of each scenario while addressing the reasoning behind our selections and the parties that could potentially file
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Tort Scenario Paper Crystal Cunningham‚ Robert Harrison‚ Billie Miller‚ Tyler Pierce‚ and Jennifer Sorensen University of Phoenix Business Law BUS415 Page Beetem May 30‚ 2011 Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff‚ Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff‚ Malik
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BML 107 Introductory Law for Managers Individual Report – Law of Tort and Employment 1205636 Harry‚ aged 10‚ is a pupil at St Botolph’s. One day last year he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day‚ but Mrs Tourniquet‚ the biology teacher who has been employed by the school for 2 years‚ attended to him. Mrs Tourniquet had as a young woman qualified
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To: Judge Wannabe From: Suzi Homemaker Re: Jim Peters Negligence Lawsuit Date: September 22‚ 2014 SUMMARY OF FACTS Melissa Gilbert of Gravel is Us of Cleveland Ohio‚ has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered
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purely economic loss case? Was there a breach of the duty of care? Did the breach cause any harm to Jane and Tom? Was the scope appropriate of the negligent person’s liability? Are there any defences available for Philip or 2ZW? Relevant law: Elements of negligence action need to be satisfied on the balance of probabilities: In personal injury case‚ duty of care exists if harm is reasonably foreseeable and reasonable to impose duty on the defendant to take care; In purely economic loss case‚ there
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ASSIGNMENT TORT The liability involved is trespass to person which consists of assault‚ battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing
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INTRODUCTION “Assault” and “battery” in the context of tort law are viewed as separate offences unlike in viewpoint of criminal law where the two are typically components of a single offence. In this essay‚ the writer will discuss ‘assault and battery as understood in tort law. To properly exhaust these two torts‚ it is best to evaluate them separately according to their definitions and the help of their related case laws. Assault and battery are intentional torts meaning that in these two offences‚ the tortfeasor
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