1. Tort - Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. 2. International Tort – a category of torts that describes a civil wrong resulting from an international act. 3. Negligence – Conduct that falls below the standards of behavior established by law for the protection of others against other people. 4. Strict Liability – Liability without fault.
Franco Chuquilin Business Law
Palsgraf v. The Long Island Railroad Company
248 N.Y. 339, 162 N.E. 99, Wed 1928 N.Y. Lexis 1269
Court of Appeals of New York, 1928
Key Facts
* Mrs. Palsgraf was standing on a Long Island Railroad train platform when two men ran to catch a train. * The second man was carrying a small package containing fireworks. He was helped aboard the train by one guard on the platform and another on the train. The man dropped the package which exploded when it hit the tracks. * The shock of the explosion caused scales at the other end of the platform many feet away to fall, striking and injuring Palsgraf. * Palsgraf brought a personal injury lawsuit against Long Island Railroad and the railroad appealed the court’s judgment in favor of Palsgraf. * The judgment was affirmed on appeal and Long Island Railroad appealed.
Issue - How is the duty of due care that is owed determined? To whom does a party owe the duty of due care?
Rule - A duty that is owed must be determined from the risk that
