22 PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester‚ 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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basic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in subsequent chapters.
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Torts Outline Exam Analysis Chart out all of the torts that are in the fact pattern. Who are the plaintiffs and defendants? Make the prima facie case. Raise the defenses to the prima facie case. General considerations‚ if any. Vicarious liability Joint tortfeasors Intentional Torts – Attacking the fact pattern Always treat the plaintiff as an average person (no super sensitivities except when D is aware of them.) Everyone is liable for an intentional tort! 1 Torts Outline 1) Introduction
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The Precedent for a Global Settlement of All Anti-Terrorism Claims Against Libya PLAINTIFFS’ POSITION PAPER MARK McDONALD‚ et al. v. SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA‚ et al.‚ Case No. 06-CV-729-JR (U.S. Dist. Ct. Dist. Of Columbia) Purpose: This paper explains the need for continued cooperation between the United States and Great Britain and the reason for the inclusion of all legal actions‚ including McDonald‚ against Libya for its past support of terrorism
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Case Questions 1. What did Woolley do to show his acceptance of the terms of employment offered to him? Woolley continued to work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here‚ the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue? The executor of Mr. Wolley’s estate could
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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TORT TUTORIAL 7 * Differences between libel and slander. Is the distinction of practical significance? Defamation protects an individuals reputation. Slander refers to a malicious‚ false‚ and defamatory spoken statement or report (non- permanent)‚ while libel refers to any other form of communication such as written words or images.(permanent) The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material
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DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY LUCKNOW (2014-2015) FINAL DRAFT ON “TORT OF NEGLIGENCE” Submitted to Submitted BY Mr. R.K Yadav RAHAT ALI Astt. Prof. (Law) ROLL NO - 100 B.A. LL.B (Hons)
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GROUP ASSIGNMENT 8: Tort of Negligence Issue 1: Chew’s Losses - $300‚000‚ Anxiety‚ Medical bills and the Closure of his stall. Suing Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has
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