Tort Essays

Who Is the Reasonable Man_

Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if, treated as a man of ordinary intelligence & foresight he ought to have…

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English Tort Law

Answer: This question raises some issues from negligence. In order to answer this question it is necessary to know about negligence, duty of care, and breach of duty, causation and remoteness. But here the most important parts are employers’ liability, multiple liability or causation, and personal injury. Here the main findings will be Betty Bloke is an employee of these companies or not, she can sue for asbestos-related mesothelioma as a third person. Here the facts are Harry Bloke worked…

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Legal Factors in Sport

If you break the statutory law it is a crime. * A law passed by parliament. A new government can bring in new laws – this means that if there is a new government they have the rights to allow a law to pass or can turn down it, but it has to be decided through the parliament. * This involves the police, if the rule is broken – this is saying that if you break the legislation the police…

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The Law of Tort

Owners of animals that cause injury or damage were subjected to prosecution in the England. These animals could belong to a dangerous natured species, to a species that was not all that dangerous, a domesticated species or tame. Owners of animals who had knowledge about the dangerous characteristics of their animals were liable for the legal consequences of the damage or injury caused by them. This situation changed with the introduction of the Animals Act 1971. Under this act, the…

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Tort Law

After reviewing the facts, I would advise Jason, Penny and Fancy Fashions, Ltd. of their possible causes of action vis-à-vis the parties who may be held liable for damages for their negligence, namely, Alice, Joyce, the junior doctor, the nurse who administered the anti-tetanus serum, and Richard’s Teaching Hospital.             In particular, I would advise Jason to take legal action against Alice, the learner driver, for damages sustained by him as a result of the collision with her automobile.  My…

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Rate Relief in Tort Reform States

Any act that is illegal, and not criminal, which may also be called a civil crime is a Tort. The attempt to, change court cases so as to avoid false verdicts that run into thousands of dollars is called Tort reform. A vehicle accident is one of the common types of tort; legal suits regarding malpractices in the medical fields are also torts. Tort reforms usually include awarding a limited amount of money for any type of damages like accidents,…

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Case Study Research

Case One: Barsz v. Max Shapiro, Inc. Ind. Ct. App. 600 N.E.2d 151 (1992) Fact: Marjorie Barsz brought negligence action against Shapiro’s Delicatessen Cafeteria to recover for personal injuries sustained when she slipped and fell, breaking her right ankle and left knee cap. Her husband, Carl Barsz brought action against the restaurant for loss of consortium with his wife due to Mrs. Barsz’s injuries. The Circuit Court of Shelby County granted summary judgment for the restaurant, and the plaintiffs appealed….

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Common Law

Chantelle woods v Department of Arts, Culture and the Gaeltacht 1)The relevant information that has bearing on this case vWhat was the previous health condition of Chantelle Woods before the accident? vWhat part of the building was she in? Where there any sign to say that staff and visitors are prohibited from coming in? vWas there any caution sign placed on the steps case? vWhat type of foot wear was she wearing when the accident occurred? vHas anyone ever fell…

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Agency Relationship

Agency relationship is a consensual relationship between two parties, where one party, the principal, gives authority to another party, the agent, to act on behalf of and under the control of the principal to deal with a third party, thereby creating a fiduciary relationship. The law of agency allows one person to employ another to do his/her work, sell his/her goods, and acquire property on his/her own behalf. Although a principal-agent relationship can be created by a contract between the…

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Case Analysis_ Mitchell V Glasgow City Council

The claimant of this case was the widow and daughter of Mr Drummond. They brought a claim against the council for damages in negligence, the essential legal complaint was that the local authority had failed to warn the deceased about the meeting before, and that they acted in a way that was incompatible with his right to life, under Article 2 of the European Convention on Human Rights. The Court of Session (Scotland’s equivalent to the High Court) at first…

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Responsibility not a Sufficient Condition of Liability

Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment, and there can be involuntary MR e.g. drugged paedophile in Kingston. * There are many MR states…

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Defendant Ling’s Market

Facts: Kim was shopping for dinner at Ling’s Market, as Kim entered she slipped and fell due to the water accumulated on the floor (that the manager was aware of) because of the high winds and rain that blew into the Market each time the door was opened. Kim suffered a back injury as a result of the fall. Kim filed suit against Ling’s Market, the defendant, arguing that Lings performed a “tort of negligence” due to their absence of…

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Intentional Torts, Negligence, Nuisance

A tort is a legal injury resulting from a violation of a legal right which arises independent of contract and for which restitution may be had in a civil action for damages.  Generally, there are three kinds of torts.  They are:  first, those which are based on fault or negligence; second, intentional torts; and third, those where the element of negligence or intent does not enter as an essential element.             The first kind refers to the fault or negligence…

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Negligence of Tort

DEFINITIONS: 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. 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….

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Professional Issues in Nursing

As a nurse, I make judgement that would affect patient’s health every day, I am aware that I have a great duty to ensure my patient’s safety to maintain the public trust (Chitty & Black, 2011). After learning this module, it helped me acquire adequate knowledge to better manage legal and ethical issues at work. For the sake of providing a high quality of care to my patients, I must be knowledgeable in both (Croke, 2003). Nowadays, the public is…

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