TORTS – Fall 2006 “G” = something that Goldwasser said in class 01. INTRODUCTION TO TORT LAW (p.2) • set of rules regarding liability and compensation for personal injury‚ death‚ and property damage that one party causes to another - rules for shifting losses from injured victims to the persons and companies causing injuries • grew out of a focus on bodily injury and physical property damage - now extended to include harm to reputation‚ privacy‚ emotional well-being‚ and economic losses
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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The dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced
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tort law INTRODUCTION TO THE LAW OF NEGLIGENCE…………………………………………….........4 Buchan v. Ortho Pharmaceutical (Canada) Ltd Hollis v. Dow Corning Cor Tobacco Tort Cases in Ontario (1) THE DUTY OF CARE: GENERAL PRINCIPLES……………………………………………….....6 (a) An Introduction to the Concept of Duty……………………………………………………...6 (i) General Duty of Care Test……………………………………………………………..6 Donoghue v. Stevenson (sets out general neighbour DoC)
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Torts Outline Exam Analysis Chart out all of the torts that are in the fact pattern. Who are the plaintiffs and defendants? Make the prima facie case. Raise the defenses to the prima facie case. General considerations‚ if any. Vicarious liability Joint tortfeasors Intentional Torts – Attacking the fact pattern Always treat the plaintiff as an average person (no super sensitivities except when D is aware of them.) Everyone is liable for an intentional tort! 1 Torts Outline 1) Introduction
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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Bob have any defenses? Is Tom liable to Sam and to what extent? LAW In this case we are dealing with tort law and more specifically negligence in tort law. Negligence in tort law requires the plaintiff to prove the following: * The defendant owed a duty to the plaintiff (or a duty to the general public‚ including the plaintiff); * The defendant violated that duty; * As
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Tort Reform XXXX XXXXX XXXXXXXXXX University Tort Reform In the past several years‚ the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled
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jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. TORT: In common law jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are
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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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