Tort law

Negligence or Malpractice? The burden of proof lies with the plaintiff. I have spent the last ten years as a paralegal and dealing with all kinds of cases. During those ten years, we represented plaintiffs and defendants. Courts have established criteria for determining whether actions were negligence or malpractice. The court in Pender v. Natchitoches Parish Hospital (2003) outlined six elements that assist in determining whether an action is negligence or malpractice. (Guido, p. 70). The…

Chapter thirteen outlines negligence and intentional torts. Negligence is and unintentional tort. There are two types of negligence cases, which are contributory negligence and comparative negligence. Contributory negligence is if the plaintiff was at any fault, one cannot sue. Comparative negligence is compared contribution to the crime. Intentional torts are when an individual purposely commits a wrong act. Negligence is the failure to exercise reasonable care, resulting in harm done to an…

out of limits for courts except when there were cases involved dissolution of partnership between companies. Prevention of Oppression and mismanagement Adequacy of legal and regulatory framework to address the issue The general principal of Company law is that every member holding shares of a particular type is entitled to vote based on the number of shares that he/she holds. As a rule, the actions and decisions of the Company, as long as they are within the legal framework and articles of the…

Vicarious liability is not a tort, it is a concept, which is used to impose strict liability on a person who does not have primary liability, ie is not at fault. Literally, it means that one person is liable for the tort of another. The employer is, therefore liable for the torts of his employee. This liability only arises while the found favour with the courts…

writing to discuss the liability requirements in the tort of negligence, regarding the case of Mrs. Smith being severely injured by Mr. John Sherwood, when, due to his negligence he crashed into Mrs. Smith’s car causing her to break her back and be hospitalized, which resulted in her missing work till this day. The events occurred on the 12/12/12 at around 5.40pm. In the English law, negligence is the most accessed tort as well as important. The word tort is French and which is translated as…

Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________ After being assigned to draft a memorandum for your review regarding Myra’s accident. Enclosed below are the four elements regarding…

Negligence occurs when a particular person fails to perform a duty that they are entitled to perform. According to laws.com, there are four things that must occur in or-der for a tort to be a negligence tort, “a person must owe a duty or service to the victim in question; the individual who owes the duty must violate the promise or obligation; an injury then must arise because of that specific violation; and the injury causes must have been reasonably foreseeable as a result of the person’s…

1. If you are or have been made aware, what is the current living status of your ex-girlfriend? This is an open question aimed to determine whether or not the first element of trespass to land, title to sue, can be satisfied. The relevant authority for this element is Newington v Windeyer. It is clear that the ex-girlfriend lives on the property – as proven in the telephone message provided. However, it is necessary to prove exclusive possession of the land. It must be established if the…

Negligence of a Bus driver On a wonderful morning of 16th of may 2015, Mrs. Harjeet Kaur (60 years) (fictitious) left her home to take a bus from her nearby Bus stop and wait there till the bus arrived along with some other passengers. Mr. Jack (fictitious) was driving the bus, he was a little late from time so seemed to be in hurry. When he saw Mrs. Harjeet Kaur and her fellow passengers standing on the bus stop, he stopped the bus for them. Because the driver was in hurry, he did not see…

The act of revealing someone’s information is prohibited whether online or not. In “Prohibition On The” (n.d.) explained that it can be said as violations of the law when people purposely revealed information that related to the name, address, or phone number of someone. Sometimes, the revealing of someone’s information in wrong way can lead to defamation. Furthermore, it is illegal for someone to post shaming photos…