Tort reform

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…

QUESTION PRESENTED Does Mr. Moore a experienced sailor, have a valid claim for wrongful death against the Coast Guard for the death of his wife based upon the Coast Guard’s one-hour delay in reaching the boat after he made a distress call asking for rescue due to the bad weather conditions? BRIEF ANSWER OR CONCLUSION Probably not. Under the Good Samaritan doctrine applicable to this case the Coast Guard probably won’t be liable for wrongful death since there are not omissions of failure to…

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GREENVILLE ) FOR THE THIRTEENTH JUDICIAL CIRCUIT ) Carl Ameche, ) ) C.A. NO.: 2016-CP-23-999999 Plaintiff, ) ) vs. ) ) COMPLAINT Margie Congden, Leroy Congden, ) (JURY TRIAL DEMANDED) and Maple Meadows Campground, ) ) Defendants…

financial statement. IV:All relevant materials should be disclosed for the true representation of financial information. Duty of care is compulsory and should be established between Auditor and third party for an auditor to held them responsible for the tort of negligence towards third party than to primary client.Caparo industries v dickman (1990) 2 AC 605 which is also known as “caparo test” has done recognition of duty of care between third party and auditor when : I:loss of plaintiff was…

What is justice? Is it making things the way they ought to be, or just the way they were before some wrong occurred? The 2005 Supreme Court case Kelo v. New London generated renewed discussion about this question as it pertains to just compensation for eminent domain takees (Wyman ). Ideally, would it be more just to yield to takees’ subjective judgements of how much value they lost with the taking or to award compensation based on objective standards? The first option corresponds to simply…

Oxford dictionary defines damages as ³financial compensation for loss or injury´.In law, damages are money claimed by, or ordered to be paid to, a person as compensationfor loss or injury Black 's Law Dictionary.In context of the Indian Contract Act, 1872 damages are referred in context to breach of contract i.e. a party 's failure to perform some contracted-for or agreed-upon act, or his failure tocomply with a duty imposed by law which is owed to another or to society.Breach of contract is a…

Callan requires advice regarding two separate issues: 1. Is Esme likely to succeed in court if she sues Callan for breach of contract? and, 2. Does Callan have a cause of action against the auctioneer and/or the owner of Marvel comic collection upon which he bid at auction in Sotheby’s? Esme’s case against Callan In order to make a case against Callan, Esme must prove that she had concluded a contract with Callan prior to Callan hiring James. A contract between Callan and Esme if it can be…

Defence refers to the case presented by or on behalf of the party accused of a crime or being sued in a civil lawsuit. Here the focus is insanity and automatism which are common law defences and mental defences for those who suffered mental illness when committing the prohibited act. When defendant lack of certain capacities and controls when doing an act, criminal responsibilities may be exempted. Insanity, known as insane automatism, which refers specifically to conditions that impair one's…

Introduction Doctrine of promissory estoppel is deemed as an exception to the general principle that a promise may only be enforced if it is supported by good consideration. The doctrine of promissory estoppel was first established in the case of CLP v Trees. Even though promissory estoppel is seen an advantage, it does consist some flaws that can have repercussion due to its inconsistency. However it does help weaker parties in legal matters where the doctrine of consideration neglects those…

In my view there were two scenarios in this case and they are based on when the rental agreement started. To explain, the first scenario would be that Grant Borman started renting the crane when it left the Allied site. On the other hand, the second one considers that Borman would only start paying for the rent when the crane arrives at his construction venue. As a result, the unjust enrichment of the third party (Crosstown) could have occurred either over the temporary possession of crane by…