Liability * Employer’s liability for employee’s wrongdoing committed by employee in course employment- strict liability/ absence of wrongdoing by defendant * Employer will not be liable unless employer-employee relationship/ employee must commit a tort/ must be during course employment * Casual potency important * Must be committed by an employee- employer/employee relationship: * Distinguished between contract of employment/contract for employment * Ready Mixed Concrete (South
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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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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Tort Scenarios BUS/415 Introduction In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son‚ and angry fan‚ stadium workers‚ and other spectators. Actions that transpire include the spilling of beer on one fan by another‚ a shove of one fan of anther‚ a fall‚ injury‚ yelling‚ and repercussions of the stated actions. The second scenario we analyzed
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History of Tort Law in India and Tort Law in the United States Of America A tort can be known as that area of law wherein the courts provide remedies of permitting a lawsuit for damages in acknowledgement of a private or civil wrong. In India and the United States Of America‚ resemblance in law‚ if any‚ seems to have been inherited from the legal practices as took place in the British era. In India‚ tort law has been only in implementation since towards the end of the British rule. However
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LGST101: Business Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering
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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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contractual liability * There are some similarities between tortious and contractual liability Both tortious liability and contractual liability are civil law obligations‚ so the remedies of all two them are only damages‚ injunction or specific performance without punishment as well as the civil courts have jurisdiction to hear contract and tort claims. Moreover‚ breaching of both types give rise to an action for damages. For example‚ to contrasting liability‚ see case Jackson v Horizon Holidays Ltd
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TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ALL OF THE ABOVE Question 3 ASSAULT‚ BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON’S BODY. INTENTIONAL
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JUS 485 Midterm Exam Answer the following questions‚ which are based upon the first four modules of the course. 1. Explain why it is that evidence gained through the forensic science process is almost always considered to be circumstantial evidence. The most important fact that makes forensic evidence circumstantial is because science cannot be clearly defined by law. The legal system have created standards and written legal rules regarding the admissibility of forensic evidence. When forensic
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