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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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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Police Negligence and Liability 1 Running Head: Police Neglect/Liability Police Negligence and Liability Police Negligence and Liability 2 Abstract The purpose of this paper is to examine factors involved in police negligence and the extent of liability the officers hold. Are police officers held accountable for their misjudgments or reckless behavior when they are at fault? This paper exams relevant cases in which police officers have been
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This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials‚ written by Roger LeRoy Miller and Gaylord A. Jentz. As read in the case‚ “Kim went to Ling ’s Market to pick up a few items for dinner. It was a rainy‚ windy day‚ and the wind had blown water through the door of Ling ’s Market each time the door opened. As Kim entered through the door‚ she slipped
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur‚ where responsibility is predetermined‚ tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible‚ or liable for such injuries. Tort law is broken down into three main categories‚ negligence‚ strict liability‚ and intentional tort. In negligence tort one is accused
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Tort Q-Define Tort‚ and its essentials. Q- injuria sine dmno and damnum sine injuria. Q- write a short note s on the following in the light of two latin maxims• • Gloucester Grammar School Case. Ashby V white The word tort has been derived from the Latin term tortum‚ which means to twist. It includes that conduct which is not straight or lawful. It is equivalent to the English term wrong. Tort is the breach of duty recognized by law. Definition of Tort-Salmond- it is a civil wrong for
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A liability hazard or risk emerges from any activity obliging somebody to pay remuneration for another’s misfortune. However this originates from break or breach of some legitimate commitment. Liability tenets or rules are those figured in delict. There are a few basis utilized by insurers as a part of underwriting liability protection these incorporate the accompanying beneath. Causation Basis By utilizing the causation basis the occasions that cause the misfortune or loss must occur amid the time
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Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined whether corporations can be held liable under the ATS‚ but this question has
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