Tort

Liability for Student Events “Duty of negligence cases may be defined as a legal obligation which requires conformity to a particular standard of conduct towards another” (Georgia Law Review, 1980, p. 1). As colleges and universities continue to collective take on the role of being students temporary custodial guardian, liability suits will be a potential risk so the institutions must make clear what their standards are and be willing to make it known to every school member to lower risk of…

Nevertheless, on the assumption that Priya has independently verified the wine's vintage, ''then the representee may be held to have relied upon their own judgment and not upon the misrepresentation.''37 This has been demonstrated in Attwood v Small case of 183838 where ''the House of Lords held that the contract could not be rescinded, since the plaintiffs had relied on their own expert and not on the word of the seller. The fact that the expert had failed to discover the truth did not make the…

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.,…

Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers…

Sports law is relevant to the administration of sports and a person’s participation in sport whether they play at amateur, professional or international level. The legal issues that arise from a sporting activity can involve aspects of contract law, torts, anti-discrimination, trade practice and criminal law The most common procedure involves breaches of the rules of the game that are contrary to the principles of the game that are seen as being against the morals of sportsmanship. From this…

Case 2: Tort of negligence . From Elisabeth ‘s case , Elisabth arm was infected after the accident, but the Doctor decided to not treat it with antibiotics immediately so after a bit, Elizabeth area is now partially paralyzed. From this data we found that Elizabeth case is about a Tort of negligence. • A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts. In the Law of Torts, duties are owed to persons in various circumstances,…

companies should be liable, then those companies would not be legally exempt from tort liability “Torts “make up the branch of law that governs civil wrongs (other than breach of contract) for which a court will provide a remedy. The purpose of tort law is to provide just compensation to injured par¬ties for civil injuries inflicted by others” (Seaquist, 2012). U.S companies should not be legally exempt from tort liability for any products that are made in outside countries and sold in the…

Introduction In order to establish criminal liability, the actus reus must generally be proved. The actus reus of an offence are comprised with the prohibited conduct, the relevant circumstances, the consequence and causation. Causation is one of the four elements of actus reus. Causation in the criminal context is concerned with the legal attribution of criminal responsibility for consequences. Homicide is a result crime in the sense that the defendant must be proved to have caused the…

do something, which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or do something, which a prudent and reasonable man would not do”, Blyth v Birmingham Waterworks Co(1856). The tort of negligent misstatement is ‘inaccurate statement made honestly but carelessly usually in the form of advice given by a party with special skill/knowledge to a party that doesn’t possess this skill or knowledge" (Willesee Bill, Law management…

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…