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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CASE ONE: LAW OF TORT An accident was occurred by the car driven by Azhar with the disabled lorry which has been stalled by Ah Chan. Two of these persons have made their own fault as what happened on case Ramachandran a/l Mayandy v. Abdul Rahman bin Ambok. First of all‚ Azhar has derived his vehicle along a state road at slightly above the speed limit and his vehicle was equipped with a seatbelt but Azhar was not wearing it at the time of the collision. In addition‚ the impact of the collision
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liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue bought her a bottle of ginger beer‚ which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer‚ she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care to
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Chapter 12 Torts The Basis of Tort 1. The Purpose of Tort Law a. Damages Available in Tort Actions Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses Special damages: compensate the plaintiff for quantifiable monetary losses. General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered‚ such as pain and suffering. b. Punitive Damages: Only when the defendant’s conduct was particularly
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Review June‚ 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way of achieving corrective justice between
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coincidentally was passing by. In this case‚ Tim can definitely claim against Danny as Danny has surely commit a tortuous action towards Tim. Tort is a French word for wrong and tort has three categories namely intentional torts‚ unintentional torts (negligence)‚ and strict liability (Cheeseman‚ 2010). This case is specifically classified as unintentional tort or negligence. The victim could claim damages sought from the offending party (Cheeseman‚ 2010). Since Tim was injured‚ he could bring a civil
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TORT‚ PRODUCT LIABILITY‚ INTELLECTUAL PROPERTY‚ CRIMINAL and PROPERTY LAW CASE ANALYSIS TORT CASE OVERVIEW LEGAL ASPECTS 535 PROFESSOR T. RICE MEMORANDUM TO: Professor T. Rice FROM: RE: Denny v. Ford Motor Company (Tort Law) FILE: Court of Appeals of New York‚ 1995 639 N.Y.S. 2d 250 DATE: April 6‚ 2014 Conclusion: Nancy Denny (Plaintiff) was driving her Ford Bronco II in June of 1986‚ when she slammed on the brakes to avoid hitting a deer that had walked in front of her vehicle
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Melisse Valeton American History 1 8 November 2012 Antebellum Reform The antebellum period was a time of many reforms throughout the US. A change in the society and ones views on the US. During this period there were movements that a plethora of reformers used to change the US into a more democratic place. Reformers looked at the US as it having many evils that needed to be eliminated‚ such as slavery‚ alcohol‚ women rights and jails. They took many approaches and strategies in order to improve
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Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
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