Tort reform

The law should hold landowner’s different standard of care for trespassers, social events, and invites. If you’re a trespasser, and are on someone’s property without their permission and something happens to you. It shouldn’t be the landowner’s liability for a payout for a trespasser. The person that trespasses is negligent for taken it upon himself or herself to put themselves there in the first place without the property owner’s permission. However, if it’s…

Choosing the Right Personal Injury Lawyer For You After an accident, picking a lawyer to represent you for financial compensation may feel like a low priority. Moreover, sifting among the plethora of personal injury lawyers in Los Angeles can seem like a daunting task. But ignoring the financial impact until it’s too late just makes a bad situation infinitely worse. But choosing a bad attorney can cost you much more money in the long run, and will certainly add to your already substantial…

Rosa can sue Annette for torts, due to her failure to keep her friend company safe. Annette can be charged with Wrongful Interference with a Business Relationship. She had created a promise with Rosa, to be her book keeper, but she betrayed her position, to create her own business. She no only went against her friend's trust, but she ruined her friend's coffee shop reputation. Annette can by criminally prosecuted in criminal Court. The charges she may face are Obtaining Goods by False…

The legal case that I will be covering is an older case named Cotnam v. Wisdom (1907). The case took place in 1907, and the situation at hand was that two physicians (F.L. Wisdom and another) had to perform emergency surgery on an individual (A.M. Harrison) who was in a critical state due to falling from a streetcar. The victim would end up staying in an unconscious state, and passed away. The administrator (T.T. Cotnam) of the deceased individual’s estate, and the physicians would get into a…

The duty of care in respect of psychiatric illness is subject to special restrictions and requirements for all types of duty of care in respect to psychiatric illness to arise, the psychiatric illness must be a recognised psychiatric illness (RPI), but not free-standing mental injuries such as grief, distress, anxiety or shock. In the case of the Carly if her mental condition is proved on the grounds of the medical evidence then she will be the primary victim of the dangerous situation created…

Product Liability Essay City of Gary v. Smith & Wesson Corp Plaintiff: In this particular case, the party who initiated the lawsuit was the city of Gary, Indiana, by its mayor, Scott L. King, with the intention of obtaining both injunctive relief and monetary compensation for the harm allegedly caused by the unlawful marketing and distribution of handguns. Defendants: Manufacturers -Smith & Wesson Corp., Beretta USA Corp., Glock Corp, Charter Arms Corp., Hi-Point Firearms Corp., Navegar, Inc.,…

Donoghue and Stevenson was the case that changed everything. Before this case, a contract could not impose limited liability on a stranger. This meant that a third party who suffered loss and damage as a result of a breach of warranty in a contract between two other parties could not sue. For there to be negligence there must be: a duty of care between the parties, a breach of that duty of care, damage which was reasonably foreseeable and a casual link between the breach and the damage. Then…

6 Is there a legal duty to go to the rescue of persons in need of assistance? Should there be? Civil law codes have a much stronger legislated relationship to moral obligations than common law. The French Penal Code has specific rules pertaining to the failure to provide aid to anyone in peril, much like the German Penal Code, Strafgesetzbuch (abbreviated to StGB). Civil LAw tradition imposes a civic duty upon all its citizens, unlike the common law tradition, which places greater emphasis on…

instead chose to pursue the subcontractor in tort. Because of the explicit nature of the expansion in this case objections to its reasoning set in almost immediately, criticisms were concerned with the fear of indeterminate liability and prospect of releasing a large number of unmerited and potentially oppressive claims thus opening the judicial floodgates secondly there was concern among the judiciary that the traditional relationship between court tort and contract was being disrupted with…

Contract One of the major contention points in this case of Mason v. R&G is the question whether a contract exists at all between the parties. In order to ascertain the validity of the contract, the elements of a valid contract in the state of Georgia must be carefully examined. The Code of Georgia, § 13-3-1, clearly states that in order to constitute a valid contract, the following elements must generally exist; there must be parties able to contract, a consideration moving to the contract,…