Tort

The law of tort, is defined as “a civil wrong other than a breach of contract” (Lee Reed, 2013, p.289). It is a law that focuses more on civil cases than it does criminal, but at times cases can be both. The law of tort has three categories, intentional, negligence, and strict. In the case of Alice versus University Heights Pizza and employee Donald, the case is considered a negligence tort, based on the incident of Donald causing injury to the health of Alice, with the company vehicle, due to…

gives a short introduction of tort law and mainly focus on the standard of care, how the courts determining what is the ‘reasonable person’ and whether there are some exceptions to the courts. The law of tort is the law of civil liability for wrongfully injury which provides remedies to individuals harmed by the wrongful conduct of others in order to protect an individual’s private rights. There are two major categories of torts: intentional tort and negligent tort. The general principle of…

Rosa can sue Annette for torts, due to her failure to keep her friend company safe. Annette can be charged with Wrongful Interference with a Business Relationship. She had created a promise with Rosa, to be her book keeper, but she betrayed her position, to create her own business. She no only went against her friend's trust, but she ruined her friend's coffee shop reputation. Annette can by criminally prosecuted in criminal Court. The charges she may face are Obtaining Goods by False…

an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery. A battery is defined as harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff to suffer such a contact. There are four elements of the intentional tort of battery. (1) There must be a voluntary, affirmative…

if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle. Thirdly, Rebecca should have suffered harm due to the duty of care infringed by Michelle. These three aspects of the tort of negligence along with the relevant defence that…

Tort Liability Tort Liability is the legal obligation to a victim who has been wronged by neglect. There are several issues of tort liability that come up for a principal. In discussing this with Mrs. Williams, she brought up several instances when tort liability is an issue for her. Constant vigilance in her decision making about what the school’s liability would be if she said yes to a certain request. She reminds herself often about how to ensure that no one is injured or wronged because…

are spread to the public to cause fear.5 The fear will also assist in passing tort reform laws to help ease the pain of excessive amounts being paid out in damages. A NLCATP internet blog went into great details explaining what tort reforms were and who they would affect the most. The two cons mentioned was how the victims involved would be more negatively impacted than the person or company that’s at fault. With tort reform, it will put more restrictions on the actual victim and make it…

The Case of Negligent Tort On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer…

Introduction The first question was what legal risks that Clean Aqua is facing under statute law for the product. The court of law applied in this case is the tort of negligence. Negligence is a tort – a civil wrong recognised by the courts which entitles the injured person to compensation. The manufacturer, Clean Aqua supplies their appliances to the retailer, EnviroPro that is later sold to the customers. The customer appliance later bought the appliance and cause the customer to be sick. It…

There are three main components of tort of negligence. Duty of care, breach of that duty and damage caused in result of that breach. Breach occurs where the defendant falls below the particular standard of care demanded by the law. Establishing this involves making a value judgement on the defendant’s behavior: ‘It cannot be proved that a person was negligent; one can merely argue that a person was negligent and hope to persuade the judge’ (Cane p). The key issue to be addressed is how and where…