Reasonable suspicion

    Page 5 of 42 - About 417 Essays
  • Eight Elements Of Battery Case Study

    Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

    Words: 1912 - Pages: 8
  • Abuse Of Authority

    A court will likely find that Sean Winter’s abuse of authority contributes to a finding of outrageousness under Angeline Jean’s IIED claim. Abuse of authority, under Florida Law, is a factor that can strengthen the outrageousness element of an IIED claim. McAlpin v. Sokolay, 596 So.2d at 2. Abuse of authority occurs when a plaintiff suffers severe emotional distress as a consequence of a relationship with the defendant, who uses actual or apparent authority over the plaintiff or power to affect…

    Words: 663 - Pages: 3
  • Case Study: Glass JA V San Sebastian

    duty of care was born by Lord Atkin in Donoghue v Stevenson , in which the duty of care was limited to guarding against person injury and property damage. This was only in cases where such injury or damage was, or ought to have been, within the reasonable contemplation of the defendant. Moreover, in Cook v Cook, the court suggested that the normal standard for…

    Words: 1032 - Pages: 5
  • Business Tort And Contract Law Case Study

    Business Tort and Contract Law Question 1 I. Dam Good as a business entity may be legally liable for the death of the pilot and the four passengers on board under ordinary and strict liability negligence. If the elements of these heads of tortious liability can be proved on a preponderance of evidence or on a balance of probabilities, then the estates of these victims could successfully claim from Dam Goods. According to Owen, in order to successfully prove liability in negligence, plaintiff…

    Words: 1473 - Pages: 6
  • Woody And Smiley Negligence Case Study

    Vicaria had a duty of reasonable care to Woody and Smiley because of the special relationship between a pilot and a passenger. Vicaria’s agreement to fly Woody and Smiley proves the existence of a special relationship needed to establish a duty of reasonable care. We would establish a breach of duty by proving Vicaria had done something a reasonable person would never do. The fact that she agreed to fly while being under the influence proves she had done something no reasonable pilot would do.…

    Words: 1488 - Pages: 6
  • Cause Of Action Against Mac Tools Ltd In Negligence

    suffered by the losses if the defendant was careless and a reasonable presumption was also influenced by the concept it should have. To determine whether a reasonable diligence is or not to break, the court balances the seriousness of the loss against the possibility and the costs or the effort to prevent losses in less effort. In (Bolton v. Stone [1951] AC 850 ) had said that probability is because the accident was very small, so that a reasonable person could not be fair to consider. In (Paris…

    Words: 812 - Pages: 4
  • Donoghue Law Case Study Of Caparo Case

    basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity between the parties and finally it must be fair just and reasonable to apply such a duty before discussing the particulars of the tripartite test set out by Lord Bridge it is first useful to gain an understanding of the origins of the duty of care and its…

    Words: 1180 - Pages: 5
  • Metropolitan Fire Systems Pty Ltd V Miller Company Law

    are effective in legal practice is a debate. In my opinion, the duty to act with reasonable care and diligence and the duty to prevent insolvent trading have not helped to prevent companies going into insolvency. The reasons are outline below. Explanation Directors have duties to ensure best interests of the company as whole including creditors. Under Corporations Acts, directors are required to act with reasonable care and diligence and prevent insolvent trading. Certain statutory duties of…

    Words: 852 - Pages: 4
  • Medical Negligence: Causes And Consequences Of Medical Negligence

    but to replicate the same mistake due to one’s carelessness is negligence. The fundamental reason behind medical error or medical negligence is the carelessness of the said doctors or medical professionals it can be observed in various cases where reasonable care is not taken during the diagnosis, during operations, sometimes while injecting anaesthesia…

    Words: 1146 - Pages: 5
  • Tort: The Three Pillars Of Tort Liability

    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,…

    Words: 1013 - Pages: 5
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