...Tort Law Case I. The fireman car accident The fireman’s car was driving at a very high speed. This excess of speed was ordered by his supervisor. The car ahead, under the pressure of the fireman’s car had become agitated and by trying to make room for the fire engine, collided with a lamp post. The driver of this car had no security belt. We have to see if the fireman is liable. To be liable, three things are needed : a damage, a fact, a causation between them. According to the principle of tort law, article 1:101 of European Principle of Tort Law, (the strict liability) as soon as the victim proved that he suffers a damage, it’s needed to have compensation. Is there a damage ? Peter has collided and had to be took to the emergency. Based on article 2:102 (2) of European Principle of Tort Law, a bodily integrity enjoys the most extensive protection. If no serious hurt had been seen, we can assume that it exists a little traumatism or maybe a light physical damage and therefore this is a bodily damage. A damage exists, so the victim, Peter, doesn’t have to prove a fault, according to the strict liability principle. We need to identify the fact. By driving too fast, with the flashing lights, with the bell sounding, the fireman put a pressure on Peter who panicked and by trying to make room for the fireman, he collided with a lamp post. Are the fact and the damage in relation ? To identify the factual causes, we utilize the “but...
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...NATIONAL LAW UNIVERSITY ODISHA YEAR:2014-15 LAW OF TORTS DEVELOPMENT OF LAW OF TORTS IN INDIA AND ENGLAND NAME : AMAN RAJ SINGH BA-LLB( Hons.) BATCH OF 2014-19 GUIDED BY: PROF. B.HYDERVALI Acknowledgement For this academic endeavour, which in its pursuit has been a very insightful and fruitful project, I have many to express my gratitude to. Primarily, I would like to thank my subject professor, Professor B.Hydervali, Law of Tort, for assigning me this paper to write. Had the opportunity not come across via him, I would not have delved into this ambit of Tort Law and gained further insight into the human condition. Further, I would like to thank Mr.Rajesh Kumar Singh, my father, mentor and continual, irreplaceable support system, for sustaining my spirits and my self esteem, throughout not only this project but also life in general. For if it weren’t for him, I would always been in vain fear of failure and giving up would have become an option. Lastly, I would like to thank my wide expanse of friends and peers, each a different colour and genre in personality and each...
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...The California Supreme Court addresses a complicated area of tort law concerning duty owed. The need to protect privileged communication between a therapist and his patient and the protections of the public was being addressed. With respect to the liability of the police that released Poddar, the court stated that a public employee is not liable for an injury resulting from his act or omission where the act of omission was the result of his exercised discretion. Discretionary policy decisions which enjoy immunity and ministerial administrative acts which do not, the police was afforded immunity based on basic policy decisions made, so stated the court (Casebriefs LLC, n.d.). The court also found that the county was immune from suit because...
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...[edit] Categories Torts may be categorized in several ways: one such way is to divide them into Negligence, Intentional Torts, and Quasi-Torts. The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker's negligence and so forth. Product liability cases, such as those involving warranties, may also be considered negligence actions, but there is frequently a significant overlay of additional lawful content. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for entrances by a person (or his structure, such as an overhanging building) on their land. Several intentional torts do not involve land. Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander), where false information is broadcast and damages the plaintiff's reputation. In some cases, the development of tort law has spurred lawmakers...
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...Private Nuisance in Tort Law The imprecise boundaries of what exactly constitutes private nuisance makes the task of providing an exhaustive definition of the tort almost impossible. The presently accepted definition of private nuisance that speaks only of substantial interference and unreasonableness is simplistic and inadequate. But through this assignment I would like to bring a focused analysis of the tort of private nuisance, following from some landmark decisions and other authorities intends to clarify what kind of situations make for a valid standing of private nuisance in court. Requirements of a valid claim for Private nuisance: Private nuisance, broadly, takes three forms, namely; encroachment on the land of the neighbour, direct physical injury to the land and interference with the enjoyment of the land by the neighbour. Collectively, the situations encompassed by the three aforementioned faults are almost infinite. It may vary from the inconvenience caused by unpleasant noise of automobile and smell of cattle to the damage caused to structures by vibrations. But this does not mean that every slight and trivial annoyance is enforceable under the tort of private nuisance. In order for a fault to qualify as private nuisance, it must primarily interfere with the use or enjoyment of one’s land and must be unreasonable in its effect on the plaintiff. Other secondary requirements of private nuisance, like the quality of recurrence et al are subsequently discussed in...
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...INTRODUCTION The word ‘Tort’ has been derived from a Latin word ‘Tortum’ which means crooked or twisted act. This word is a French equivalent of English word wrong and of the Roman law term ‘delict’. It is a civil wrong independent of contract for which the appropriate remedy is action for unliquidated damages. Person committing a tort is called tortfeasor and the act is called tortious act. In this piece of research project, we will analyze which one is more authentic or valid, whether law tort or law of torts. Jurists have debated this question for a long time. It is generally asked in the form, “is there a law of tort or only a law of torts?” Those who call it Law of Tort (Winfield) base their understanding on the Latin maxim ‘ubi...
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...Introduction The law of torts can be traced back to English Common Law and has become and integral part of Anglo-American Law for hundreds of years .These laws have been modified many times since the late 1800's by state legislatures and these changes have given plaintiffs more chance of success when bringing forth their claims. Original tort law included coverage for injuries suffered while in the workplace but this since has been removed entirely from tort law and replaced with the state administered workers compensation systems. In order for a plaintiff to utilize the law of torts certain elements need to be present so that a reasonable measure of success can be ensured in the outcome. Elements of Negligent Tort Negligence is the omission to do something, which a reasonable man, guided upon those considerations which regulate the conduct of human affairs would do or doing something, which a prudent, and reasonable, man would not do’ The essential elements of negligent tort are 1) Duty of reasonable care, 2) Breach of duty of care, 3) Breach was actual, and proximate cause of injury .Tort is what is in the tort books but only thing holding it together is their binding’, hence to win a negligence case, plaintiff must prove each of three elements. Duty of reasonable care: According to Negligence law, normally members of society should behave in ways that avoid the creation of unreasonable risks of harms to others. The standard for assessing such conduct...
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...traditional rule of lex loci delictus in determining which state’s substantive law is applicable to actions sounding in tort[i]. Lex loci delictus holds that the substantive law of the place where the tort occurs applies. It is a recognized principle of the law of the conflict of laws that the law of the state where an alleged tort is completed controls the liability[ii]. Where a tort is committed in one state and sued on in another, the lex loci delicti principle controls[iii]. In Williams v. State Farm Mut. Auto. Ins. Co., 229 Conn. 359 (Conn. 1994), the court held that the substantive rights and obligations arising out of a tort controversy are determined by the law of the place of injury, or lex loci delicti. Thus, under the principle of Lex Loci Delicti, a court will determine the substantive rights of an injured party according to the law of the state where the injury occurred[iv]. The lex loci rule is derived from the vested rights doctrine[v]. According to the vested rights doctrine, a plaintiff’s cause of action owes its creation to the law of the jurisdiction where the injury occurred and depends for its existence and extent solely on such law. Thus, where the tortious act and the resulting injury occur in different states, the rule is that the substantive law of the state where the injury occur controls. Under the provision of the Federal Tort Claims Act which renders the U.S. liable for the torts of its employees, under circumstances where the U.S., if a private person...
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...State or Federal Tort Claims AJS/562 December 15, 2014 State or Federal Tort Claims The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act of 1946 will provide the citizens of the United States enough cushion to go around the immunity for federal employees. Before the enactment of the Federal Tort Claim Act of 1946, the citizens would have no possible way of suing the federal government for wrongdoing. It allows federal employees the immunity from lawsuits regardless of the harm the employee causes a victim to suffer. The Federal Tort Claim Act of 1946 will provide citizens of the United States a way around immunity to sue the federal government; however, it would take the power to regulate a federal lawsuit claim and the courts to hear the case. Regardless of the First Amendment, allowing a citizen the right to address the grievance with the federal government that has no authority to allow it to occur. According to (Valparaiso University Law, 1980) Congress enacts a Court of Claims Act that allows a citizen to complain; however, it excludes torts or civil liability (Valparaiso University Law, 1980). Around the beginning of 1887 a new law, the Tucker Act is enacted to...
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...“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others. In common parlance, torts may be described as the wing under which all claims pertaining to civil rights are brought and monetary compensation is awarded to right the people who have been hurt or their property damaged. Entering a property without...
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...Remoteness of Damages in Torts Before we begin looking into the depth of the topic, let us start with a few definitions to draw out the basic structure of what all will we cover. 1) Tort – A tort is a civil wrong that causes unlawful harm to a person, giving them legal liability to sue the wrongdoer, or the ‘tortfeasor’. 2) Damages in Tort – These are the different forms of compensation usually given to a victim for injury or harm caused. 3) Remoteness – In Tort law, it is the set of rules that limits the amount of compensatory damage given, for any wrong. Following the above definitions, it is easy to deduce the broad idea of what the title is all about. Remoteness of damages in torts is a concept that deals with the rules regarding the limitation of the amount of compensatory damage awarded to an individual for any tort committed against him. The concept of ‘Remoteness in Torts’ is mostly with reference to the tort of negligence. This is due to the fact that most of the developments in this sphere have taken place with regard to the tort of negligence. However, once the basic principles are understood, they are easily applicable in the cases of all other torts, as well. Origin of Remoteness in Negligence Direct Consequence (or Directness) – According to traditional approach, before the present law was formulated, once a negligence had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage...
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...Week 1- Law 122 : Why study law 1. Business decisions have legal consequences which affect profits and losses: * Some decisions impose liability, others create opportunities * Negative: dumping pollutants into environment * Positive: binding contractual party to promise 2. Risk mgmt. tool: Law sets the framework for risk, it gives you tools to manage the risk * Ex. Insurance, exclusion and limitation clauses, incorporation Dimensions of course 1. 2. Risk mgmt. 3. Legal reasoning: rules and analysis 4. Law/ moral dimensions What is law? * A set of principle and rules that courts will enforce * A way of thinking (or reasoning) about these principles and rules better description. Process determines legal reasoning * It is not just the result of a case that matters. The reasons for the result are where law happens. Law is bound up in the reasoning. So it is important to ask “why” and “how” not just “who won”. Law vs. Mortality Law: formally sanctioned, illegal behaviour Morality: informally sanctioned, moral behaviour 1. 2. Immoral but not illegal * Lying to friends 3. Immoral and illegal * murder 4. Moral but illegal Ethical perspective 1.1 pg.6 Can I watch someone drop without incurring legal liability? If I can legally do it,should i? Ethically is it okay? Ethical reasoning: * Focus on why something is ethically right or wrong...
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...Bugusa, Inc. Worksheet LAW/421 Version 2 1 University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the BUGusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. In the case of WIRETIME, Inc., tort has been committed. Per the reading, “a tort is when one party has acted, or in some cases failed to act, and that action or inaction triggered a loss to be grieved by another party” (Melvin, 2011). WIRETIME, Inc., made a defamatory statement about Bugusa, Inc.’s reputation. WIRETIME, Inc., also enlisted an ad in a well-known magazine that enclosed a statement alleging BUGusa for having bad merchandise. BUGusa doubtfully will undergo reputation or loss of clients due to the negative hoarding that WIRETIME, Inc., bashed. Scenario: WIRETIME, Inc. (Janet) Has WIRETIME, Inc. committed any torts? If so, explain. Scenario: WIRETIME, Inc. (Steve and Walter) Discuss any liability BUGusa, Inc., may have for Walter’s actions. In this case, the liability BUGusa, Inc., may encounter for Walter’s actions is that he committed a tort when locking Steve inside a soundproof room and threatened him with physical harm. Keeping Steve in a soundproof room can be defined as false imprisonment. False imprisonment prohibits wrongful restraining, confining or detaining a person without that person’s consent (Penal Code 236). Criminal threatening sometimes known...
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...investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different aspects of the damages or injuries caused. Types of Liabilities and Lawsuits There are three different types of tort laws that private officers and employers must understand effectively to mitigate as much potential liability as possible. Negligence is the most common type of tort, and consists of accidental or negligent act that created a risk to another person. Intent does not play...
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...NEGLIGENCE Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges particularly ideas about the civil responsibilities of a person to his or her neighbors in society and about the manner in which society should respond to injuries and injured people. An independent identity for Torts late in the nineteenth century is the affection of tort doctrines, especially negligence, to the problems produced by industrialization. Industrialization has played a part in creating the climate of intellectual legal opinion and it affected torts as an independent category of law. Some certain lawyer-intellectuals in the development of legal doctrine in America, who were academicians after 1870, significantly affected the content of tort rules and doctrines and also affected the changing state of tort law in America. There are many categories of Torts. It divided three...
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