Duty of care

Mr. Johnson, You asked me to brief the People v. SM case in preparation for your meeting with our client. In SM, the defendant, who has a reputation for being a peaceful and law-abiding citizen shot four boys who were older and more athletic than him all of whom, were in the wrestling and football team. The defendant was outnumbered four to one. At no time did the defendant stand his ground or advance to the other boys. Rather, he tried to run away and called for onlookers to get help. The…

The principles relating to the application of the doctrine of res ipsa loquitur in general, are well settled and applied consistently. The maxim Res Ipsa Loquitor, allows the claimant to succeed in action for negligence even when there is no evidence as to what caused the accident and whether it was attributable to negligence on the part of the defendant. It shifts the onus of burden to the defendant. In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the…

Like the victim in Hinman, Joanie Blake will prove that Charles Harvey is liable for the damages sustained by Blake, based on the “direct and immediate” behavior of Harvey’s dogs (Lewellin 62). The said behavior led directly to Blake incurring significant injuries. The liability Harvey faces is reinforced by the Minnesota Statute that states, If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog…

According to West’s Encyclopedia of American Law (2008), this refers to using a standard in law whereby a hypothetical person in society is cited due to his/her average care, skill, and judgment. Whether the accused individual is guilty of a specific offense can be determined by comparing this person’s actions to the reasonable person standard. As Byrd (2005) explains, under this standard, wrongful actions can become…

Student No. 190824 Veg v. Duncan and News Vicarious Liability rest on a special relationship between the tort feasor and the person to whom the tortious conduct is imputed. Here, News may be found vicariously liable for actions of Duncan. Duncan is a reporter for News. News will be, at least, vicarious liable under a Respondent Superior Relationship. the scope of his employment. WRONGFUL INVASION OF PRIVACY Commercial Appropriation. Unauthorized use of plaintiffs name or likeness for a…

What the case is about The case was a podiatrist Doctor and his patient. He was sued for a malpractice or negligence, and misdiagnosis, the patient claims due to his misdiagnoses and negligence cost the patient permanent disability and needed for further treatment and surgeries. The Doctor denied the negligence claim and said it was caused by someone who the doctor said he had no control over. When he was asked in response to the interrogatories about the identity of those he calls others.…

Criminal Liability of Tony Smith Arguably, Tony will be charged with numerous offences regarding his actions on March 11 2017. Offences Against Rebecca: Firstly, the most severe indictable offence committed was that against Rebecca. As stated on the facts Tony verbally abused Rebecca “yelling and screaming that she was a slut” Rebecca was crying hysterically. Tony later slapped Rebecca “hard across the face, continuing to call her a slut.” He then “punched her as hard as he could in the jaw.”…

QUESTION 1 (4 marks) Briefly identify and explain the main communication weakness, in the way that defence counsel has sought to test the credibility of the evidence given by this witness, about how the accused reacted to the behaviour of the complainant. The main communication weakness in segment one is gratuitous concurrence. The first contribution leading to gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a…

Topic - Evaluation of Emotional Distress in Tort Case: Legal Framework The two parties seen in tort cases are the plaintiff and the defendant (Fotte & Lareau, 2013). The plaintiff is the person who has filed an alleged tort whereas the defendant is the person who has caused harm to the plaintiff (Fotte & Lareau, 2013). In civil lawsuits there are three types of relief they are monetary compensation, specific performance, and an injunction (Fotte & Lareau, 2013). An injunction refers to…

Tort There are three pillars of tort liability, namely: 1. wrong (tort) 2. Damage 3.alaqh causality between fault and damage. First: the wrong (tort) Is a breach of an obligation, and consists Altgosaira error of two elements: Second, damage It is harm to the person aggrieved than necessary financially compensated or morally because it touches such a right or legitimate for other interest, whether right or interest to life or the right to safety somatic, or not to touch the emotions,…