Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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In the essay “The Joy of Reading and Writing: Superman and Me‚” Sherman Alexie credits learning to read a Superman comic book with saving his life. As an Indian boy growing up on a reservation in Spokane‚ Washington‚ where being uneducated was not the exception but the rule‚ Alexie was given few opportunities to succeed. The Superman comic book was the book he taught himself to read with‚ which in turn saved him from going down a path that lead to a the life of inferiority and failure. Learning to
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Intentional Torts A. A person acts with intent to produce a consequence if: 1. the person has the purpose of producing that consequence; OR 2. the person knows to a substantial certainty that the consequence will ensue from the person s conduct B. Battery 1. An actor commits battery if he acts intending: a. to cause a harmful or offensive contact to person of other or a third person OR b. to cause imminent apprehension of such contact AND c
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TORTS – INTENTIONAL TORTS PRIMA FACIE Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity.” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries). ▪ To have a claim of battery‚ there must be a claim of fault‚ negligence‚ or wrongdoing on the part of
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In the poem "On the Amtrak from Boston to New York City" by Sherman Alexie‚ the speaker is portrayed as a Native American Indian whose apparent wish is to retake and make known his ownership of Indian land‚ which was stolen by white people. However‚ his sympathy towards his rivals seems to keep him from accomplishing these goals. First‚ we can see his Native American heritage in the language of the poem. For example‚ he refers to the elderly woman whom he is conversing with as "white" (line 1)‚
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Rob Sitch’s The Castle (1997) remains an incredibly popular film that portrayed the ‘Aussie Battler’ family in suburbia. The Castle is the story of a working class family‚ the Kerrigans‚ who live a modest life in Melbourne suburbia. Despite their removal from the central city they love every bit of their simple suburban life‚ including the airport in their backyard. Their life and home is threatened when the government tries to attempt to acquire their house for the expanding Melbourne airport. Suburbia
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friend Rob‚ pointing to the straggler in our hallway. Point Pleasant High School is filled with tons of puny‚ peculiar‚ and ponderous kids that don’t know how to socialize with each other. As a matter of fact‚ they pretty much go home everyday after school and divert to video games until school begins the next day. The straggler looks at me with his hazy ocean-blue eyes and I return with my glare. “Banjo why don’t we teach this itty-bitty freshman how we run our school around here!” says Rob with
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Sherman Alexie is a Native American writer‚ best known for his works “The Lone Ranger and Tonto Fistfight in Heaven‚” Smoke Signals‚ “What You Pawn‚” and “Indian Education.” In every story Alexie’s style is recognizable‚ making his works incredibly unique to his culture. Within his writings‚ his imagery is beyond belief‚ his description of “He’s got those great big cheekbones that are like planets‚ you know‚ with little moons orbiting them‚” (What You Pawn‚ 1) gives you a picture of Junior. Alexie
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in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. places an ad in a magazine stating that BUGusa devices were low quality and did not work for more than a month. The tort is defamation. Defamation occurs when one party makes a false statement about another. A third party heard or read the statement must be about a particular party‚ and damages
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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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