...plaintiff and Daniel, the defendant. I believe Daniel would be guilty in this tort. Malik on the other hand would still be guilty of spilling the bear on... The torts applicable in scenario 1 are negligence-actual cause - the fan injured by the ball; duty of care - Daniel shoving Malik; strict liability and product liability, the stadium and the manufacturer of the railing – Malik was hurt on the public property; negligence-actual cause – the concession stand worker giving the wrong type of soft drinks to Daniel, a diabetic after drinking the regular drink slips into a diabetic coma. The lady and Daniel’s boss for defamation of character and wrongful firing; assault and battery – Daniel thought he and his son was in immediate danger and shoots Malik, infliction of emotional distress – Malik’s wife is emotional Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension...
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...Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. Injury to plaintiff a plaintiff personal injury or damage to his or her property that...
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...Torts Outline- Brill Fall 2001 Overview: *What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy. *Purposes of Tort law: Deter wrongful Encourage socially responsible behavior Restore injured parties to their original condition Peaceful means Intentional Torts I. Intent a. Definition—(1) voluntary acts for the purpose of causing [the essential element of the tort] OR (2) voluntary acts with knowledge to a substantial certainty that [the essential element of the tort] will result. i. For battery, the defendant must have acted with the intent to cause a harmful or offensive touching to plaintiff or some logical extension of plaintiff's person. ii. For assault, the defendant must have intended to cause the plaintiff a reasonable belief that plaintiff was about to immediately suffer a battery. iii. For false imprisonment, the defendant must have intended to confine the plaintiff within some boundaries, from which plaintiff could not reasonably escape. iv. For trespass, defendant intentionally crossed the boundaries of plaintiff's land. v. For trespass to chattels and conversion, the intent factor was identical; the two torts overlap. Thus, for both of these torts, the defendant had to intend to assert dominion or control over plaintiff's chattel. The completed tort would be trespass to chattels if the exercise of dominion or control resulted in harm to the chattel or if it caused the interference with plaintiff's...
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...specific and identifiable. They are much more general. * Contract law is the law that enforces agreements that I reach with individual people. There are parties to a contract. 例：I agree not to build on my property. I agree to sell you my automobile. I agree to tutor your child. Whatever your agreement might be, I agree to cater your daughter’s wedding. ---That’s contract law. It’s specific between identified parties. * A contract is an agreement between two or more individual identified parties. * Tort law is where in essence I enter into an obligation, a contract if you will with society. 例： I will act with reasonable care. I will not pollute the water of your town. I will not spread false information about you as harmful and wrong and damage your reputation. I will drive my car in a reasonable manner. If I am preparing a meal, I will take all the reasonable steps necessary to make sure that the meal is prepared in accordance with all health and safe regulations. If I operate a store, I will use all reasonable means that I have available at my disposal to make sure that the aisle ways are safe. * A tort is a “Civil Wrong”. --- That’s how we define a tort. * As opposed to a crime, which is a wrong and illegal act that we as a society have prohibited. * All crimes are codified. Any act that we are going to punish by sending someone to jail, that act can be looked up in the form of the code. There should be no ambiguity. There are elements...
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...PRINCIPLES AND STANDARDS OF CONDUCT It is Company X’s commitment to: Provide equal employment opportunity and treatment regardless of race, religion, color, sex, age, national origin, veteran status, marital status, sexual orientation, disability, citizenship status, pregnancy, genetic information or any other protected group recognized by applicable federal, state or local laws. Monitor and comply with applicable federal, state, and local laws and regulations concerning Team Members’ safety. Provide job-related training consistent with the Company’s requirements for Team Members whose needs, capabilities, and desires warrant such training. The Company expects all Team Members/Associates to: Begin work on time and complete a productive, full work day. Exhibit a respectful, nice, and positive attitude toward other Team Associates and to our customers. Comply with the policies, requirements, and procedures adopted by the Company. Follow directions and instructions from their supervisor regarding normal work activity. Not interfere with the orderly work of others and not loiter on company premises while off duty. Unauthorized appearance on company premises while off duty is strongly discouraged and your presence must not interfere with the orderly work of others who are on duty. These expectations should not be interpreted as discouraging any Team Member from presenting a work-related complaint to Greystar management while off duty. Ensure personal...
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...1. Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). Преступление — это общественно опасное, противоправное, виновное деяние дееспособного лица, за которое предусмотрено уголовное наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary...
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...Tort Law in Health Care Administration: Examination of Negligence LaJuanda Williams LaTonya Reed John Hill Rita Ignatius Public Health Policy, Law & Ethics, PHS 512 Professor Green-Alexander April 11, 2007 Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Tort includes both an individual personal and professional level which involves the healthcare field. A person who commits a tort is called a tortfeasor which can be held accountable for his or her actions in court (Pozgar 2004). Tort law is an important part of the common law and evolves on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases (Lipthrott 2005). Although state and federal statutes define some aspects of tort law, contemporary tort law remains defined by judicial decisions. Tort can be an excellent vehicle for viewing the nature of the common law, and for observing how a given body of law evolves daily. The basic objectives of tort law are preservation of peace between individual by providing a substitute...
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...does not use the term bullying at any point. Victims of bullying can receive remediation through the common law and statutes. However, as Human Resources Professionals it is our legislated duty to provide safe workplaces for the employees we manage. Additionally, our responsibility is to mitigate the costs of litigation posed by bullying. Proactive HR policies that emphasize education and open communication, combined with legislation that deters this negative pattern of behaviour will help to minimize this risk and associated expenses. ------------------------------------------------- What is workplace bullying? According to the Canadian Centre for Occupational Health and Safety (CCOHS) workplace bullying involves a pattern of negative conduct intended to intimidate, offend, degrade, or humiliate a certain person or group. Bullying can involve negative physical contact but in the workplace it usually surfaces as acts or comments that can mentally hurt and/or isolate its target(s).” It is not a coincidence that most cases of workplace...
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...undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with Oxbridge Essays www.oxbridgeessays.com the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct. Need to check if there is such a...
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...Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption of Risk i) Express ii) Implied b) Statutes of Limitation and Repose 12)...
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...Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption of Risk i) Express ii) Implied b) Statutes of Limitation and Repose 12)...
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...UPPER- INTERMEDIATE WORD LIST UPPERINTERMEDIATE WORD LIST HEADWORD 1 Abandon 2 Absorb 3 Abuse VERB NOUN ADJECTIVE abandon absorb abandonment abandoned absorbent 4 Account 5 Acquire 6 Adapt abusive accountable COLLOCATION to be forced to abandon to abandon stg completely/entirely to absorb quickly/rapidly to be abused emotionally/physically/sexua lly/verbally to be/become abusive take sth into account bank account to be accountable for sth to make/hold sb accountable to acquire knowledge/skills language acquisition to adapt successfully/well to be adaptable highly/very adaptable acquire acquisition adapt adaptation adaptability adaptable adequacy inadequacy adequate inadequate 7 Adequate/Inadequate 8 Admission abuse abuser accountability account abuse ADVERB admit admission 1 adequately inadequately adequacy of sth to be/seem adequate for sth to admit doing sth to admit that + sentence to admit honestly/openly/freely to refuse to admit to be willing to admit UPPER- INTERMEDIATE WORD LIST 9 Adopt (idea) adopt adopted affair affairs 10 Affair 11 Aim adoption to adopt a baby/child to adopt a new approach aim aim aimless amusing amused 12 Amuse amuse amusement 13 Analyze analyze aimlessly analysis 14 Ancient 15 Anticipate 16 Anxiety 17 Anyhow ancient anticipate anticipation ...
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...is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo. It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. You are a member of a protective class You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff. Harassment complained of was based on sex. Submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. An example of this could be the making of sexually oriented jokes or...
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...norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further criminal acts might occur in prison b. Legality v. Always begin analysis with legality: is there a legality issue? vi. Person cannot be punished unless that person’s conduct was defined as criminal before def. acted. Legislature defines the law, helps to solidify separation of powers. 10. The law also cannot be too vague. vii. Rationale:...
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