...1. George v. Jordan Marsh Co., 359 Mass. 244 (Mass. 1971) 2. Facts: Plaintiff Irene George (P) is filing suit against Defendant Jordan Marsh Co. (D) for mental anguish and emotional distress which resulted in two heart attacks. D sold goods on credit to P’s emancipated son, who purchased them on P’s account. D alleged that P stated in writing that she would pay the debts (which she did not incur), even though it is understood that P did not make this guarantee. D then attempted to intimidate P into paying these debts she did not owe by calling her at late hours, by mailing her bills, by sending her letters stating late charges were being added on and that her credit had been revoked, and by numerous other tactics. P suffered great mental anguish and emotional distress from these tactics, her health deteriorated, and she suffered a heart attack. Her attorney requested that these harassing tactics cease. D continued the tactics, which caused further emotional distress and mental anguish, which lead to another heart attack. 3. History: The case was first brought to trial court where it was dismissed due to the lack of a tort. P has now appealed to the Supreme Judicial Court. 4. Issue: The court must decide if the facts and inferences presented could constitute of action in favor of the plaintiff. 5. Rules: Both sides of the case are looking at the Spade rule, so stated: "We remain satisfied with the rule that there can be no recovery for fright, terror...
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... Business contract shall be defined within the context of law of contract and business law . The former is narrower and the later is wider but all its components are subject to the essential elements of contract. Business law which is also known as mercantile law refers to laws governing and regulating trade , industry and agriculture . It includes laws relating to Contracts , Sale of Goods , Partnership , Companies , Negotiable Instruments , Insolvency , Carriage of Goods , Arbitration..etc. The difference between the law of Tort and the law of Contract is based on obligations and liabilities . In tort the obligations are imposed by law while in contract the obligation of the parties are created by their own free will and mutual consent. Key questions : 1.What are the essential elements of a valid contract in a business context ? Offer and acceptance , intention to create legal relations, consideration ,privity of contract . Types of contract: - face to face; written ; distance...
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...Introduction: Japan’s tort liability system has been condemned for its shortcomings, including how complex tort cases are treated, such as tort litigation arising from a mass accident or environmental pollution. Although several administrative compensation schemes were adopted in response, they were incapable of addressing cases concerning environmental pollution cases. Instead, the tort liability system has been addressing the limitations of the administrative compensation system despite its defects.The high profile Minamata Case is a great illustration of this. This paper will In essence, the case showed the perception of judges about the unequal bargaining power between victims and large companies and how the Japanese judiciary has helped create a pro-active approach to environmental pollution cases. Part I – General Rules of Tort Liability The operation of current tort liability system is based on tort provisions under the Civil Code and other special tort provisions. In case law, the loss claimed by a victim can be compensated with primary remedy of monetary damages if it had a relationship of ‘adequate causation’ with the tortfeasor’s act. However, concerning the environmental pollution cases, proving a causal relationship is difficult because the court generally heightens the standard of due care owed to by a defendant company. Part II – The Pollution-Related Health Damage Compensation System Background of Minamata case The manner of the outbreak is a result...
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...University of Phoenix BUS 415 CC08BAM08 Hedy Zhang December 02, 2008 Introduction BUG, Inc., a company based in Los Angeles, California, invented an electronic recording device, which can intercept and record sounds and voices through the walls of a house, using a remote microphone. The company designs, manufactures, and sells these devices exclusively to state and federal law enforcement in various plants throughout the United States, Canada, and other foreign countries. BUG being the owner of this intellectual property will require legal protection from unauthorized user, identify any international conflict of law issues that could affect the normal day to day operation of the company, and identify torts that Officer Sally may pursue against BUG Company and types of damages she can request. Legal Protection of Intellectual Property The definition of intellectual property is any invention, innovation, or discovery such as copyrights, patent, and trademark. For examples, a book or article of an author’s is a copyright with a unique logo or a soft drink design which represent a company and its products. Another example would be a website design. Physical properties is not the basis for intellectual property but the ownership and the rights to manufacture, use as well as to promote an idea which is consider a priceless benefit. Three types of legal protection that are essential to protect intellectual property are identified as trademark, patent, and copyright...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...role of the law of tort in japan. After minamata, what are the litigations, how these cases change the role of law of tort in japan. Any wider impact and significance ? japan’s image etc. 2012 ‘The long running Minimata litigation exposes the weaknesses of Japan’s treatment of environmental pollution.’ Discuss. How weak was the law on environmental pollution. How it has changed since then. 2010 Consider the significance of the Minimata litigation on Japan’s approach to environmental protection. How the environmental protection has changed. How the cases come to court more. The contemporary enactments. “The Minimata litigation is an example of the failure of law and lawyers in Japan”. Discuss. How did the law and lawyers fail. Discuss the role of the courts in protecting human health and the environment in the light of the Minamata (1973) litigation. What was the role of the courts in protecting human health and environment in Minamata. After that, the cases that ensued, what role do courts play. And what about now. ------------------------------------------------- Introduction Pollution cases and product liability cases, where tortfeasors are major companies and the loss is widespread. The development of technology made atomic energy and various highly hazardous materials available. There are also medical malpractice cases. Despite the social changes, provisions regarding tort liability in the Civil...
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...Tort Law – Trespass to Land Tort Law - Definition A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. Trespass to Land –Definition In modern law the word trespass is used most commonly to describe the intentional and wrongful invasion of another's real property. An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the real property, such as the owner of an apartment building, a tenant, or a member of the tenant's family. The action can be maintained against anyone who interferes with the right of ownership or possession, whether the invasion is by a person or by something that a person has set in motion. For example, a hunter who enters fields where hunting is forbidden is a trespasser, and so is a company that throws rocks onto neighboring land when it is blasting. Every unlawful entry onto another's property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk...
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...Knowledge Integration Exam Jeremy Thomas Gugliotta University of Maryland University College This case involving Angela has the ethical decision of what action to do is not that difficult to assess, using the information provided she must act accordingly within the parameters set forth by the law. Angela is a mid-level manager at a transitional pharmaceutical company who happens to be a widowed mother of 3, depending on her 80 thousand dollar salary from work. Angela has been very pleased to work for this employer due to their prestigious standings. The pharmaceutical company has just finished its second phase of testing on their new Ebola drug. The drug is a very important piece to the company and their strategic growth plan. One of the problems that the company must overcome is that of animal testing in an attempt to get approval from the Federal Drug Administration (FDA) to begin their stage of human testing. Without successful human testing their drug will never possess the ability to go on the market. Unfortunately for Angela her boss in a private meeting requested that she change her report to show false information, to a federal agency, to assist the company. This in fact is the issue that Angela is faced with, what to do? When her boss requested this, it puts Angela in a very hard position; lie and hurt the company, or tell the truth and possibly be punished by the company? In falsifying a report to the FDA, Angela would be committing a felony. The request of such...
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...Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions | |Contractual relationships, where one party alleges a tort. | |Economic Loss Doctrine | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) ...
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...Law of Torts Assignment draft This paper shall examine the current position of the Rescuer under Irish law, and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in Ireland to date, O’Neill v Dunnes Stores Ltd To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations. LRC Consultation Paper The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute. Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty...
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...Law and the Internet: Trespass to Chattels Abstract: This paper focuses on the use of Trespass to Chattels Law by owners as protection against the intentional use of their systems or the resources therein by unauthorized parties. The trespass to chattels law cannot be correctly applied to internet-related property rights because this law is being incorrectly used and does not adequately address the concerns of internet property owners and the rights they seek to protect. The 19th Century trespass to chattels tort is being utilized in cyberspace to protect systems against unauthorized use in the same way it is used to protect tangible/physical property. This law was first used by internet service providers (ISPs) to fight against unsolicited bulk email or spam, which was being sent in excess over their networks and systems. However, it is becoming increasingly clear that the blanket application of this law to the internet has an adverse impact on the key function of the internet. Trespass to chattelslaw is now commonly used to fight against Robots (BOTs), which are automated programs that search the Internet. In many cases such as eBay v. Bidder’s edge, and Ticketmaster Corp. v. Tickets.com, this law was used to fight the ability of users to search the internet and of providers to present data to users. This ability to search and present data is the primary purpose of the internet, and the overbroad application of trespass to chattels law, without any form of modification...
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...Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored carrots to be grown on fifteen acres of the Wentz farm during the 1947 season . . . The contract provides . . . for delivery of the carrots at the Campbell plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. The Wentzes harvested approximately 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told a Campbell representative that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. The Wentzes then sold approximately 62 tons of their carrots to . . . Lojeski, a neighboring farmer. Lojeski resold about 58 tons on the open market, approximately half to Campbell and the balance to other purchasers. On January 9, 1948, Campbell, suspecting that Lojeski was selling it "contract carrots," refused to...
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...Chapter 19 The Liability Risk 1) A tort is defined as a A) breach of contract which is punishable by a fine. B) legal wrong for which the law allows a remedy in the form of money damages. C) legal wrong against society which is punishable by fines. D) legal wrong against society which is punishable by imprisonment or death. Answer: B Question Status: Previous Edition 2) All of the following are examples of intentional torts EXCEPT A) negligence. B) trespass. C) slander. D) assault. Answer: A Question Status: Previous Edition 3) A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of A) general damages. B) comparative negligence. C) an intentional tort. D) strict liability. Answer: D Question Status: Revised 4) Failure to exercise the degree of care required by law to protect others from harm is A) premeditated liability. B) vicarious liability. C) punitive damages. D) negligence. Answer: D Question Status: Previous Edition 226 Rejda · Principles of Risk Management and Insurance, Tenth Edition 5) All of the following are...
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...tortuous assault. (ii). How the victim’s consent may defeat an action for battery. It is thus arrived at with the aid extracted from works of various renowned scholars, judicial precedents both binding and persuasive, and the legitimate Acts of parliament as well as, the student’s module which is a guide to the course outline. Assault and battery are considered as a single offence under criminal law. However, tort law insists on taking them as separate offences and considers their distinction very essential. Assault is the act which creates fear for potential battery. In other words it is the very act that will lead the victim to apprehend an immediate violence of a battery, while battery is the actual infliction of unlawful force onto the victim. It follows therefore that where “X” stones “Y” but misses, constitutes an assault, the actual physical contact on “Y” becomes a battery. Both assault and battery are deemed and considered to be intentional torts. Meaning that, the defendant intended to cause the plaintiff to apprehend. The wrongful touching need not to inflict physical injury .That wrongful contact may as well be indirect (such as contact through a thrown stone; or spitting). ASSAULT An assault involves; • An intentional, unlawful threat or offer to cause bodily injury to another by force. • Under circumstances which create in the other person a well-founded fear of imminent peril. • Where...
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...NEGLIGENCE – DUTY AND PROXIMATE CAUSE STANDARD NEGLIGENCE Negligence is the most common tort liability. Contrasted with intentional torts where there is a desire by the actor to cause some harmful result, negligence occurs without a desire to cause a harmful result by contact, but nonetheless does cause harm to the person being injured even without the desire. Simply put, negligence is conduct, and not a state of mind. It usually is associated with accidents or carelessness. An accident may be unavoidable if the occurrence was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of “reasonable” precautions. The central premise of negligence is that we all are members of a collective society that depend on a social order for the good of the community and to promote commerce. How members of the social community conduct themselves will impact other members both for the good and sometimes for the bad. Essentially, this is a “limited duty” all members have to other members to be “reasonably” careful in their conduct to avoid injury to others. When the duty implicit in the circumstances is breached and injury to another occurs, the injured person may recover damages to compensate them for their harm by proving that the conduct of the person causing the harm was negligent. Negligence rules attempt to strike a balance between properly compensating people for their injuries and protecting society and its members from frivolous...
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