Tort

(2) do the allegations in the tort action potentially bring the tort claim within the policy’s coverage? The first question focuses upon the language and requirements of the policy, and the second question focuses upon the allegations of the tort suit. St. Paul Fire & Marine Ins. Co. v. Pryseski, 292 Md. 187, 193 (1981). If there are any claims against the insured which are even potentially…

(negligence), torts related to medical care, confidentiality, ethics in addition to criminal law (HG.org, n.d.). In this case, the plaintiffs alleged medical negligence in that the defendants should have consulted a specialist at least seven months prior to the decedent’s diagnosis. Therefore, the failure to exercise reasonable care in order to protect another from the possibility of injury or death is considered negligence (HG.org, n.d.). According to Pozar (2016), negligence is part of a…

The term Duty of Care is a legal term from tort law where a person is under obligation to act towards others with proper caution to prevent injury or harm. Where a reasonable standard of care was not followed and injury or harm resulted the person is considered to have been negligent and a lawsuit against them can be filed with a claim for any losses or damages that were incurred. This is an important aspect of being a teacher, and the professional responsibility that goes with it. What this…

`Unlocking Torts` (4th edn, Taylor &Francis 2014) 80 b. OSCOLA for bibliography: Turner C, Unlocking Torts 4th edn. (Taylor &Francis) 2014 2. “Causation is established by proving that the defendant`s breach of duty was, as a matter of fact, a cause of the damage. To decide this issue the first question to be asked is whether the damage would have occurred but for the breach of duty. This known as the ‘but for’ test.” a. OSCOLA for footnote: Catherine Elliott and Francis Quinn, Tort Law (9th…

1. You will be sure it’s a dream and not a fantasy in case the dream involves serving others one way or another. 2. You’re never too old to start living your dream. 3. Living your dream may lets you be the best you can be and use your natural gifts, passions and talents to the fullest. 4. Living your dream may give you energy, whether or not your dream requires one to work harder than in the past. 5. Dreams are never too large, even if they start out feeling like which. You certainly…

I. Question Presented This memorandum serves to address whether Pied Piper’s (“Defendant’s”) motion to dismiss for failure to state a claim should be granted or denied. Defendant seek dismissal of Hanneman’s (“Plaintiff’s”) two claims. The first claim alleges that Defendant’s statements discussing the future of the company were materially false and misleading in violation of Rule 10b-5. The second claim alleges that Defendant’s omitted a material fact from their statements, which renders…

In Tichenor, the court found substantial harm. Id. at 178. In Tichenor, the plaintiff’s were unable to perform yard work, plant flowers or enjoy their porch because of the volume of the dogs’ barks. Id. at 175. The court reasoned the volume of the noise was more than a slight inconvenience because a normal person should be able to use their property at will without being interrupted by a neighbor. Id. In Tichenor, the barking dogs would prevent the plaintiff’s from falling asleep, and staying…

Abandonment is an act of giving up your rights, interest, or ownership without reclaiming it. It can be either a person or a property that someone truly values. There are two types of abandonment: psychological or physical (thefreedictionary.com, 2007). Psychological abandonment refers to the feeling of indifference or lack of intimacy which is focused on the emotions of a certain individual. Physical abandonment occurs when there is a person choosing to end an existing relationship with someone…

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…