Tort law appears to discriminate between different types of defendant’s such as public entities‚ rescuers‚ children‚ manufacturers‚ etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further‚ much of tort law has been developed randomly‚ many times to fill in gaps that exist in the law‚ and at other times‚ it is influenced by public
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involved voluntarily and involuntarily‚ feeling like that they had an obligation to protest. The issue of this question is to determine the offences committed by the China national train drivers under Singapore law. The laws they broke include the breach of contract‚ conspiracy (tort law)‚ duress and disrupting the essential services of country (Singapore). A breach of contract is committed when a party of the contract repudiates his liability under the contract before the time of performance is
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Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto‚ Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine
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Tort of Negligence Damage and Injury In order for a claim of tortuous liability in negligence to be actionable‚ primarily‚ certain fundamental pre-requisites need to be established in each case respectively. The requirements of the modern tort of negligence were stated by Lord Wright in‚ Lochgelly and Coal Co ltd v McMullan‚ as being‚ i) the existence of a duty of care owed by the defendant to the claimant; ii) a breach of that duty; iii) damage or injury caused by that breach of duty. Each aforesaid
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Elements of Negligent Tort Gregory Williams BUS 670 Dr. Mark A. Cohen 19 October 2012 A tort is a civil wrong that is not a breach of a contract. Tort cases and treatises identify different types of wrongfulness‚ culpability‚ or fault and define them in varying ways. ort law contemplates civil liability for those who commit torts. This distinguishes it from the criminal law‚ which also involves wrongful behavior (Mallor‚ Barnes‚ Bowers‚ & Langvardt‚ 2010). These laws have been modified
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Wijayaratnam Presented by: Mahmud Shourov Student ID: 11504809 Answer to question no.1 Issues After unforeseeably hitting drunk Mary and injury her (breaking her leg)‚ is Bob liable for Mary’s injury according to Torts? Can Sam sue Tom because he was stuck in traffic for the accident? Law When a party caused physical injury to some as long as the harm was foreseeable‚ a defendant is liable for all types harm suffered by a plaintiff‚ including those that were not foreseeable. This is known as the
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tranquilizers prescribed by her doctor‚ Morton Mallard. Consider the following when writing this essay: · Was a crime committed? · Was there any negligence involved in this case? · What laws and rights were violated? · Who should be held liable for the damages (physical and mental)? · Discuss the possible tort liability in this incident. Assault‚ battery‚ infliction of emotional distress‚ and false imprisonment all should be
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damage‚ injury or loss as a result. And in order to access the negligence of any individual as well as the liability that those individuals may encounter due to their act of negligent‚ it is important to know how negligence is determined in law. According to the Law of Negligence‚ the Panel is requested to examine the formulation of duties for Tom and the bar owner; the causation of Tom and the bar owner; the foreseeability of harm by the two parties as well as the remoteness of the risk. Furthermore
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Chapter 12 12.1-12.2 1. What is an intentional tort? List three examples in your answer. An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing‚ causing a nuisance and defaming are intentional torts. 2. Why do many potential tort actions not result in legal actions? A certain amount of interference with individuals’ right occurs on a daily basis and is considered acceptable in a busy‚ interactive society. 3. Why might a young child not
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Nursing Jurisprudence Assignment #2 1. Intentional torts share three common elements as described in the text on page 113: There must be a volitional or willful act by the defendant. The person so acting must intend to bring about the consequences or appear to have intended to bring about the consequences. There must be causation. The act must be a substantial factor in bringing about the injury or consequences. Examples of intentional tort include: assault‚ battery‚ false imprisonment‚ conversion
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