1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: 1) 1) What were the essential facts of that case? 2) 2) What are the elements of intentional infliction of emotional distress under North Carolina law? 3) 3) How were the elements of intentional infliction of emotional distress applied to that case? In other words‚ explain why the court concluded that there was enough evidence to establish intentional infliction of emotional distress. Please
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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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Sharkwater Report The documentary‚ Sharkwater was an eye-opening and was an amazing film to watch. It showed how if one is truly determined‚ he/she will gain success. A big example of that person is Rob Stewart‚ the producer of the film‚ which were also accompanied by Paul Watson and the Sea Shepherd. The documentary was mainly about sharks‚ along with the secrets behind killing them (shark-fin soup industry)‚ the corrupt governments‚ and the perseverance one will need to accomplish their big
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Intentional Tort Paper Unit 3 Holly Cord Kaplan University PA165-01 Intentional Torts Black’s Law Dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact.” This means that the tortfeasor does not have to make physical contact with the victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur. In fact if physical contact does
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Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1]‚ ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main
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Intentional Tort is a purposeful act committed by a person against another person that results in harm. In this case it is a nursing assistant harming a patient. An example is a nurse put poison in the patient’s food to inflict harm on them. The case I found was about 16 year old Rachelle Harris. On July 4th‚ 1988 Rachelle tried to commit suicide and was checked into a psychiatric unit of Baptist Hospital. Rachelle was then raped by a nursing assistant on July 16th‚ 1988. Dr. Isabelle L. Ochsner
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Sherman Alexie-native American of the Spokane/Coeur d’Alene nation. This story was adapted into a film “smoke signals. What topics does he address? Alexie address the death of Victors father‚ his relationship with Thomas Builds-the-Fire‚ How deep does he go? The story centers on Victor and his father who passed away recently‚ who he hadn’t had a close relationship for years‚ and spoke to him over the phone a few times. Victor has this “genetic pain‚ which was soon to be as real and immediate
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Native American Mascots and Sports In his novel The Absolutely True Diary of a Part-Time Indian‚ author Sherman Alexie introduces his readers to the issue of Indians used as mascots in sports. It is an issue that has plagued sports for decades and Alexie brings up the subject throughout his book and in interviews. He brings the topic to light to open the reader’s eyes to the idea that Native Americans are still thought as historical but not culturally relevant to society. Thousands of sports teams
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Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
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possible if ‘prescribed by law’ and ‘necessary to democratic society’ * s.6 HRA 1998 – unlawful for public authority (incl. courts) to act incompatibly to ECHR. * Ovey and White (2006) – Court consistently gives protection to publications/speech‚ it views these as central to the protection of other rights. * Lord Steyn in Reynolds – ECtHR proceeds on fact-specific basis. But nevertheless speech more specifically protected than other forms of expression in law on defamation. Chilling
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