Tort reform

The defense that was raised in this case was the Assumption of Risk. A plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery (McAdams, 2015, p. 306). In Nalwa v. Cedar Fair, 55 Cal. 4th 1148, it states that common law doctrine the Assumption of Risk, a defense to liability for injuries resulting from "a specific, known and appreciated risk" to which the plaintiff had voluntarily consented. The implied-consent theory focuses on what the plaintiff knew…

Although the question does not disclose the reasons why RIC sued the owner, I feel that it is fair to conclude that the contractor found the liquidated damages provision unfair at the end. With this in mind, the case is founded on whether the provision was a penalty. To elaborate, liquidated damages provisions are often enforceable while penalties are not. As a result, courts will not concur with the amount stipulated in the contract; consequently, the damages will be limited to actual damages.…

1. Show Me The Money Sports Agency is likely to win a tortious interference with a contract lawsuit against Tortious Competitor Agency for unlawfully hiring Show Me The Money Sports Agency’s employee, Tom Cuban while under contract at Show Me The Money. In order to prevail in a lawsuit alleging tortious interference with a contract, the plaintiff must first prove the existence of a valid, enforceable contract. In this case, Tom Cuban signed a contract agreeing not to compete with Show Me The…

In Alcock, the House of Lords made it clear that there would be no liability to a secondary victim who is told about the incident through a third party (this includes newspaper coverage and television broadcasts). Lord Ackner left open the possibility that watching a live broadcast could ground a claim if it clear that the victim had died. He recognised that live broadcasts "gave rise to feelings of the deepest anxiety and distress". Unfortunately, he concluded that "in the circumstances of this…

Prefontaine A quote from Steve Prefontaine “To give anything less than your best, is to sacrifice the gift.”(Brainyquotes) In the movie Prefontaine directed by Steve James released in 1997, is an excellent movie based on Steve Prefontaine’s life. Prefontaine was a long distance runner in Oregon who goes to the 1972 Olympics. In Prefontaine the historical precision is very important, Steve Prefontaine’s life, and the fundamental representation behind the film Prefontaine. Historical precision…

3. Suit for specific performances-  Specific performance means seeking an order from the court that the promise specified in the contract shall be carried out.  When actual damages arising from breach are not measurable and monetary compensation is not an adequate remedy, specific performances then May be directed by the court. 4. Suit for Quantum Meriut- As much as is earned If the party prevents the other party from completing his obligation under the contract, the aggrieved party may claim…

that we have learned in this week’s reading and assignments regarding torts. It involves the liability of a minor for an intentional tort. According to the article published by Lawnix, a five-year-old boy, Brian Dailey, was accused of a battery when he pulled a chair out from under Ruth Garratt just as she was going to sit down and caused her to fall and broke her hip. Ruth brought a tort claim against Dailey for an intentional tort of a battery. The trial court found in favor of the defendant…

The issue at hand is regarding constitutional protection for satire and parody. Can a satirical publication ever face legal culpability for printing false information – could they be sued for defamation? First, it is important to define satire and parody. Satire is “the use of humor, irony, exaggeration, or ridicule to expose and criticize people’s stupidity or vices, particularly in the context of contemporary politics and other topical issues” (cite). Parody involves the manipulation of…

The distinction between real rights and personal rights has its foundation in Roman procedural law, dividing remedies into real actions and personal actions. Personal rights and real rights have particular distinctive characteristics, which assists us to classify which is which, although this was not to act as exclusive classification. The distinctive characteristics are seen in the following areas namely; in the object, content, remedies, origin, absoluteness, preference and publicity of the…

Ecumenical Reporting This is one of the most canonic types of car insurance sum. By definition, Ecumenical amount pays for non-collision redress to the mortal vehicle and its equipment. Here are a few examples: A malefactor breaks into your car. Your screen or window shatters or cracks. Vandals misconduct your car. A observe, ruminant or opposite beast strikes your car. Your car is unsound in a sack or detonation. An seism, cocaine, recognize, windstorm or separate earthy hardship causes…