Lecture Aspects of the Tort of Negligence 1. 2. 3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong” (a civil wrong)
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Historical Background of Law of Tort: The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing
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Torts and Damages I . Concept/ Definition The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law is the blending of common-law and civil law system. Quasi Delict refers to acts or omissions which cause damage to another‚ there being fault or negligence on the part of the defendant‚ who is obliged by law to pay for the damages done
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Bob have any defenses? Is Tom liable to Sam and to what extent? LAW In this case we are dealing with tort law and more specifically negligence in tort law. Negligence in tort law requires the plaintiff to prove the following: * The defendant owed a duty to the plaintiff (or a duty to the general public‚ including the plaintiff); * The defendant violated that duty; * As
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Tort Liabilities Nursing homes have the potential to have tort liabilities if the problems are not corrected if harm should occur. A nursing home is a busy place and with different people coming and going throughout the day. A nursing home is a high demand for care of residents. Nursing home staff should be knowledgeable about the resident’s quality of care and should be licensed to perform the care that is given. Possible Tort Liability: Resident that wanders. These residents are
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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Federal Prison Comparison Paper John T. Marchbanks CJA/234 02 August 2011 Robert Major Federal Prison Comparison Paper Each individual prison‚ whether it is at the state or federal level‚ portrays a set of specific characteristics. Traits such as an individual’s social standing‚ crime record‚ and severity of offense have played a role in assigning these characteristics for centuries. A prime example of this ideal can be seen in the sentencing’s of such offenders as Martha Stewart‚ Ivan
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THE ROLE OF TORT LAW Compensatory Function: -Compensation for people who are injured by a wrong‚ injury to the person ‚ or to the property Torts law can be divided into trespass action on the case and statutory torts TORT LAW REFORM Torts law used to be judge made‚ similar to common law 20th century statues came in Workers Compensation scheme‚ Motor Accidents Scheme‚ Occupational Health and Safety (Factories Act)‚ Dust Diseases Schemes. Drug Compensation Schemes (uk). Characteristics
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several ways which were federalism‚ separation of power‚ check and balances‚ and small and large states. The first guard against tyranny was Federalism which means the central and state government. Both government has the power to tax and laws or enforce laws. The central government can provide an army‚ but the state government can establish school. Federalism protects against tyranny because the state and national governments have powers so no one become too powerful. It helps them work together
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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