Tort reform

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…

Introduction: Tort can be defined as a wrongful action including negligence cases and intentional wrongs which result in harm to another party (Larson, 2003). In a scenario where one party causes harm to the second party, they will have to face losses in compensation for the harm inflicted. Classifications of Tort include intentional, or unintentional negligence. Some examples of intentional torts include fraud, defamation, offense, insult, assault or interference among others (Larson, 2003).…

Question 1 Negligence is a scenario where one fails to act with the level of care that a person of ordinary prudence would have acted in a similar situation. It can arise out of actions or omissions where some duty to act is owed. In a negligence claim, the plaintiff must establish that the defendant owed him a duty off care, the defendant breached that duty, and as a result, the plaintiff suffered a loss. In this case, Maxrun failed to take reasonable care of Gunter’s hard disk. Maxrun owed…

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…

The Franklin Business and Commerce Code §121 allows for an exception to the general rule of non-liability when a “party which acquires a manufacturing business and continues the output of its line previously manufactured or distributed by the entity from which the business was acquired.” If the Folke Corporation meets these two elements, then they can be held liable for Mr. Regan’s injuries. These two elements are: (1) “the virtual destruction of the plaintiff’s remedies against the original…

Issue The issue is whether Lorraine and Steve are liable under the rule of Rylands v Fletcher, when their cleaner accidently knocked open a valve to their fish tank, causing a large amount of water to drain into Dave’s apartment below, resulting in the damage of his furnishings and flooring. The rule of Rylands v Fletcher The three criteria you must meet to be liable under the rule of Rylands v Fletcher are; establishing something was brought onto land that is likely to cause mischief if it…

QUESTION 1 (4 marks) Briefly identify and explain the main communication weakness, in the way that defence counsel has sought to test the credibility of the evidence given by this witness, about how the accused reacted to the behaviour of the complainant. The main communication weakness in segment one is gratuitous concurrence. The first contribution leading to gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a…

The U.S. civil legal system is perhaps the most refined legal system in the world and is constantly in a pursuit of justice that follows society’s ideals. The system however is not set in stone and is not perfect or correct all the time. In all civil cases we witness the laws of reasoning and through these laws we can adjust an unfair or incorrect law. In a specific case known as Dillon V. Legg we see a change in law. The case was originally determined by the district court of California based…

the defendant claimed that Ferry was not an employee but an independent contractor, and therefore they had no control or right to even control Ferry’s actions at the time of the accident. The test to determine if respondeat superior applies to a tort is whether the person sought to be charged as master had the right or power to control…

PATEL VISHVA MITESHKUMAR STUDENT ID: 11616038 ASSIGNMENT 2 SUBJECT CODE:- 504 SUBMITTED BY:- PATEL VISHVA MITESHKUMAR SUBMITTED TO:- REETA VERMA STUDENT ID:- 11616038 …