Tort reform

Theory: Good-For-You was negligent in failing to maintain a well-lit parking lot which led to Jones’ injury. Issue: Will Jones be able to make a prima facie case against Good-For-You. Duty: Yes, the negligent conduct created a substantial factor in causing the injury. There is a foreseeable risk of people getting into accidents if there are no lights; cars could hit people; cars could hit cars, etc. The premises owner knew of the lights being out because of the storm, therefore they should…

If you sustained injuries in a road accident and it was not your fault, it is wise to work with an attorney so you can obtain the proper settlement amount. It is especially important to to work with an attorney if the injuries you sustained are serious and have potential long-term consequences on your quality of life. You can get settlement without the help of a legal representative. Then again, you most likely do not know what you are legally entitled to start with. Even if you look up laws…

g. CPT Reid was signed for this equipment and there were no evidence presented that he properly sub-hand receipted this equipment to SFC Picart or to any other members of the supply team. h. SFC Picart by his own omission, revealed that he received the sole keys to the equipment storage facilities from CPT Reid. When SFC Picart received the keys to the storage facilities thereby, he assumed custodial responsibility, therefore, obligated him for the property in storage awaiting issue or turn-in.…

Sunita is liable for her actions against Barbara under the Offences against the Person Act 1861. By throwing the paperweight and stating “I am going to kill you!” Barbara is apprehending physical violence with a threat to kill , she is committing common assault, by intentionally leading “someone to expect the (non-consensual) application to his body of immediate unlawful force.’ (Venna). Under section 18 of the Act, “wounding or causing grievous bodily harm with intent”, Sunita is fulfilling the…

This case brought by the plaintiff’s parents, Mr. Walter Vanaman and Mrs. Nancy Vanaman, and the minor plaintiff, Ms. Barbara Vanaman. On June 1964, while Ms. Barbara Vanaman played in her backyard and fell into a hole, she twisted her ankle. The family was trying to reach their primary physician but they couldn’t get in contact with their doctor. They immediately took the patient to Milford Memorial Hospital. Prior seeing the doctor, the nurse asked the family if they wanted any doctor specific…

Question 1 Before determining whether or not Slackbridge is guilty of the charge, it is important to determine whether the offence committed here is one of absolute or strict liability. To do such, it is important to examine the criteria for distinguishing between strict and absolute liability of regulatory offences, particularly pertaining to the language of the legislation. According to Justice MacPherson, by stating “no person shall” in the language of the legislation, it points to absolute…

Case Analysis – Australian Safeway Stores Pty Ltd v Zaluzna Facts The respondent (Zaluzna, plaintiff) slipped and fell due to wet weather causing the floor to become, ‘wet or moist, in a supermarket foyer owned by the appellant (Australian Safeway Stores, defendant). The fall caused injuries to the respondent, in which she sued for damages resulting of negligence, and a breach of the general duty of care, and the special duty of care owed by an occupier to an invitee. Zaluzna sued for…

Many accidents lead to permanent disability, including workplace accidents and vehicular collisions. In order to ensure the victim is fairly compensated for these injuries, he or she needs legal assistance immediately. An experienced attorney works to present clear and fully documented evidence regarding the nature and extent of the injuries. Many individuals assume compensation is limited to medical bills and lost income, yet the goal is to actually ensure the person obtains the funds necessary…

accomplishing something that an equitable individual will not prepare. In addition, it is the legitimate reason for damage in the event that it straightforwardly, normally and ceaselessly subsidises in bringing on that harm. Key Elements Required in the Tort of Negligence Duty of Care The results of certain negligence cases rely on upon whether the respondent owed a duty to the offended party. This duty emerges when the law perceives a relationship between the litigant and the offended…

directly mean that a person literally intended for an illicit result to occur, intent can also translate to something additional happening as a result of the perpetrator 's actions. For this case, intentional tort is a specific kind of intentionality that is especially relevant. For this kind of tort to occur, the defendant doesn 't have to know that their action will cause certain consequences with damage to the plaintiff, they must only know that their action will have a consequence. This can…