Tort reform

Tortious liability under Rylands v Fletcher ~~ Take the quiz on liability under Rylands v Fletcher ~~ ~~ Play arcade games on liability under Rylands v Fletcher ~~ ~~ Do a word search on liability under Rylands v Fletcher ~~ ~~ Play hangman on liability under Rylands v Fletcher ~~ ~~ Try a word scramble on liability under Rylands v Fletcher ~~ Liability under Rylands v Fletcher is now regarded as a particular type of nuisance. It is a form of strict liability, in that the defendant may…

The court will most likely find that Davila Grocery Store had actual constructive knowledge of the mop water and therefore liable for premises liability. In order to establish constructive knowledge, the object that may pose harm must be there for an extended period of time. The extended period of time must be reasonable in that there was sufficient time for the risk of harm to be removed. The court will rule in favor of Ms. Pedroza due to the substantial length of time that the mop water was…

They park their car on the side of the dirt road in Egypt. Howard Carter opens up his door and gets out. As he gets out he trips on a rock, and yells “It’s dang 1933 and i’m still tripping, im just looking for a tomb!” He gets up and proceeds to find the sacred cheeseburger. He has worked 31 years in Egypt just to find a bun with squared meat and cheese on it. He wants to discover it first. The destination is 3.2 \miles away. He will have to drive to it, but the road ahead is dangerous. Flying…

According to (Arthur & David, 2014) tort law is described as "a collection of principles describing the legal system 's civil (noncriminal) response to injuries one person inflicts on the other". This view is share by Linda et al (2012) who define a tort as "A civil wrong for which the victim receives a remedy in the form of damages". With these facts stated, I think that it can be said that tort law is the body of laws regarding civil wrongs that cause harm to another person because of…

Essay B Reliance damages represent the monetary value of the expenses and opportunities the plaintiff wasted under a contract. Reliance damages look backwards in an attempt to undo the effects of a contract. Additionally, there are numerous other types of damages such as expectation, account of profits, nominal, liquidated, and punitive damages. In contrast with reliance damages, expectation damages look forward in an attempt to fulfill a contract; “give me what I expected to receive. Put me in…

provide security unless 1) there is a special relationship present 2) a special temptation is created to commit crimes on the land 3) if the crimes are foreseeable 4) when one voluntarily takes on the duty to provide security. Restatement [second] of torts 358: Licensees are social guests entitled to the landlord's liability when it comes to dangers that the landlord “knows or should know about” Reasoning In order for one to be considered negligent, actions that endanger another unreasonably,…

An Australian’s response to the Ban the Burqa article The ban the burqa article is a short piece of writing that clearly opposes the beliefs of a number of Australian politicians. The article is divided in to three main parts, each focusing on a different argument against banning the Burqa and Niqab. In this piece I would like to express my views as a citizen of Australia as well as discuss arguments for and against the motion. The piece opens with a very bold statement: “The burqa and niquab…

The court held that the district court erred when it relied on whether a manager's con- duct seriously affected plaintiff worker's psychological well being or led her to suffer injury. The court held that while Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. ß 2000e-2(a)(1) barred conduct that would seriously affect a reasonable person's psychological well being, the statute was not limited to such conduct. The court held that as long as the environment would reasonably be perceived and…

Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions? The Plaintiffs Marc and Bree Kohel entered into a sales contract with the Defendant Bergen Auto Enterprise, LLC for the purchase of a used 2009 Mazda. The Plaintiffs alleged breach of contract was when the Defendant refused to supply permanent plates for the 2009 Mazda…

Issue: Whether the defendant owed a duty of care to the plaintiff, and can prove the plaintiff was trespassing by entering onto the defendant’s property without permission and subsequently injuring themselves by operating the defendant’s tractor. Rule: Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. 657 (1873) Analysis: The plaintiff entered onto the defendant’s property without permission, and injured themselves by operating a tractor left on the front portion of the property by the…