...Marina Ramputi Torts & Personal Injury Assignment #3 1) The class of entrants which Joey would be considered is ordinary trespasser. The definition of an ordinary trespasser is any individual coming onto a person’s land without expressed or implied permission of the land occupier or without legal privilege to enter. If the presence of the trespasser is unknown, there is no duty owed. However, if the land occupier becomes aware of his or her presence, he is under a duty to warn the ordinary trespasser of any danger that may cause harm. 2) The “attractive nuisance doctrine” could potentially lead to Mr. Jones’ liability to Joey. Although Joey is a teenager, he may be so immature as to be unable to recognize the danger in trespassing onto an unknown yard without authority. This doctrine is meant to enforce a special duty of care. If Joey, the “child”, was unable to recognize potential for harm, it becomes Mr. Jones’ duty to warn or protect him. During a holiday time, especially Halloween, it is common knowledge that children will be crossing lawns and approaching homes; very likely to trespass. Mr. Jones was fully aware of the groundhog holes and faulty electrical connection. The danger posed to children by the specified artificial and natural condition(s) weighs greater than the cost or effort of Mr. Jones to eliminate the conditions. 3) Depending on Joey’s age, it may be difficult to prove his immaturity. The...
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...You are a clerk for the judge assigned to this case. The judge asks you to prepare an essay, explaining to her why, under Illinois law, she should grant or dismiss the motion for summary judgment. Please help the judge. CASE SCENERIO: The plaintiff Alan was trying to catch a plane at Chicago's O'Hare Airport. He knew that he was late for his plane and so, he was running through the airport as fast as possible. Unfortunately, Alan does not see the banana peel that was lying on the floor in the middle of the concourse. He slipped on the banana peel and went sliding across the floor. He banged his head on a metal counter and suffered a severe head injury. Alan now files a lawsuit against the airport, which, we will assume, is in charge of maintaining the concourse, alleging negligence on the part of the Airport. A subsequent investigation revealed that the banana peel was brownish when Alan slipped on it. Alan states that he has no idea where the peel came from and why it ended up where it did. The Airport moves for summary judgment on the grounds that Alan has not alleged any evidence of negligence on the part of the airport. The Airport claims that it has no idea how the peel got there, but it could have been dropped a moment ago by another passenger, and that Alan can't disprove this possibility. The issue that must be decided is whether the airport’s motion for summary judgment should be granted or dismissed. Alan bears the burden of proving...
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...Freedonia. 4. This action arises from a theft and burglary attempt which occurred on May 22, 2000, on Freedonia Rd . STATEMENT OF FACTS 5. On May 22, 2000, the Plaintiff, Deirdre Jones, was Hanging out with friends and relaxing. When all of a sudden the defendant, Jack Daniels comes up from behind her and tries to take her purse. 6. At the same time, The Plaintiff, who is a 2 time Olympic gymnast runs after the defendant, catches up to him and takes back her purse The defendant, then, shouts a defamatory statement. "You stupid b----, drop dead!” The Plaintiff is very hurt by the defendant’s remarks. She notices when she arrives home that her wallet fell out during the struggle which caused her to lose $60.00 in cash and other personal items. COUNT ONE Plaintiff, Deirdre Jones alleges and incorporates by reference a All those facts and allegations in Paragraphs 1 through 6 above and further alleges: 7. The actions were caused by attempted burglary, verbal assault, and defamation of character and loss of wages caused by emotional distress. Of the Defendant, Jack Daniels, for that among other acts and omissions the Defendant: a. Took the pocket book b. Got upset when pocket book was taken back. c. Shouted obscenities at the plaintiff, Deirdre Jones D. Caused her such emotional distress that caused her...
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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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...Compensation culture and tort reform ‘Compensation culture’bhas been described as ‘an amorphous term’ by Morris.b It is generally used to connote a society in which there is a propensity for anyone who has suffered a personal injury to seek punitive damages through litigation from someone connected to the injury, whether or not anyone was actually at fault, thus implying unreasonable willingness to seek legal redress when things go wrong. Commentators such as Morris, Robins and Williams have debated the existence of a compensation culture yet, in 2005, the House of Commons Constitutional Affairs Committee created a new session to investigate whether this compensation culture truly exists.bThe third report of this session is particularly illustrative, unequivocally stating that such a culture does not existband its existence is not a possibility in the near future.bThis report followed a publication by the Better Regulation Task Force (BRTF), which concluded that there is not a compensation culture, but that action was required to counter the popular perception that there is. Evidence from the Compensation Recovery Unit (CRU) supports this view as shown below. The CRU holds the most comprehensive and reliable data on the number of current personal injury claims as ‘all compensators must provide prompt notification to CRU of any claim for personal injury made against them.’ ...
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...“DAMAGE AS A CONSTITUENT OF TORT LAW” INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civilwrong. Of the various attempts to define tort, Salmond's definition is rather popular. Salmond defines tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person‟s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e.g. by giving orders of injunction. iii. To protect certain rights recognized by law e.g. a person's reputation or good name. iv. To restore property to its...
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...Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district...
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...Intentional Torts and Defenses of Leroy McPhillen and John Victoria Downie Kaplan University Professor Randee Breiter Torts and Personal Injury PA165 May 31, 2015 Intentional Torts and Defenses of Leroy McPhillen and John Human and animal nature is defined by the subconscious behavior of the fight or flight instincts. People have the ability to view situations and determine whether they need to fight for their life or run. What sets us apart from animals is that we also have the ability to determine whether other people need us to fight for them when they cannot fight for themselves, as seen in the case of Leroy McPhillen versus John. Leroy McPhillen was a frequent client of Bottom’s Up Pub. One Saturday night Leroy noticed an intoxicated man shouting obscenities at a woman seated at a table within close proximity to Leroy McPhillen’s table. While the woman ignored the man and continued to drink her beverage, Leroy asked the intoxicated man to join him for a beer at the bar. The man mumbled that “Leroy should mind his own business” and proceeded to grab the woman’s wrist. It was at this point that Leroy grabbed the man, later identified as John, by his other arm and neatly twisted behind his back while placing him in a neck hold. John began to protest violently. Leroy then place John in a chair and informed him not to move or he would “have to punch him”. It was at this time the woman, identified as Jane, informed Leroy that the man was in fact...
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...origin is Middle English, injury, from Anglo-French, from Medieval Latin tortum, from Latin, neuter of tortus twisted, from past participle of torquēre First Known Use: 1586 The word "torture" shares the same linguistic origin, though its present meaning diverged in a very different direction. [edit] Categories Torts may be categorized in several ways: one such way is to divide them into Negligence, Intentional Torts, and Quasi-Torts. The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Negligence actions include claims coming primarily from car accidents and personal injury accidents of many kinds, including clinical negligence, worker's negligence and so forth. Product liability cases, such as those involving warranties, may also be considered negligence actions, but there is frequently a significant overlay of additional lawful content. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for entrances by a person (or his structure, such as an overhanging building) on their land. Several intentional torts do not involve land. Examples...
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...Introduction The law of torts can be traced back to English Common Law and has become and integral part of Anglo-American Law for hundreds of years .These laws have been modified many times since the late 1800's by state legislatures and these changes have given plaintiffs more chance of success when bringing forth their claims. Original tort law included coverage for injuries suffered while in the workplace but this since has been removed entirely from tort law and replaced with the state administered workers compensation systems. In order for a plaintiff to utilize the law of torts certain elements need to be present so that a reasonable measure of success can be ensured in the outcome. Elements of Negligent Tort Negligence is the omission to do something, which a reasonable man, guided upon those considerations which regulate the conduct of human affairs would do or doing something, which a prudent, and reasonable, man would not do’ The essential elements of negligent tort are 1) Duty of reasonable care, 2) Breach of duty of care, 3) Breach was actual, and proximate cause of injury .Tort is what is in the tort books but only thing holding it together is their binding’, hence to win a negligence case, plaintiff must prove each of three elements. Duty of reasonable care: According to Negligence law, normally members of society should behave in ways that avoid the creation of unreasonable risks of harms to others. The standard for assessing such conduct...
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...Personal Injury Attorneys possess the appropriate knowledge and expertise to negotiate with insurance companies. When you sustain an injury, whether it be from malpractice or an automobile accident, it is crucial to receive advice from someone who is passionate to make sure that you receive the most impartial settlement possible. In the case of an automobile accident, the other party may try to get you to sign away your right to a lawsuit knowing that you are not necessarily familiar with all your rights and the severity of your injuries. Hiring a personal injury attorney will make all the difference in helping you deal with your claim. Unless you work for a car insurance company, you are most likely not dealing with them on a daily basis—but these lawyers do. Because of their recurrent encounters with these insurance companies, they are very familiar with the process of negotiating a settlement. Because these attorneys are experienced with many difference cases, there is a high probability that they have formerly reviewed a case similar to your own. Therefore, they may already have a good idea as to what kind of a settlement you can expect at the establishment of inquiry. In addition to having...
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...Introduction The tort of negligence has long attracted widespread interest. It fortifies community expectations and standards and hence ‘it is especially prone to influence by moral, social, economic and political values’. Of particular interest is the recognition of liability for negligently caused mental harm. Throughout its history courts have been cautious in awarding damages in fear of opening the ‘floodgates of litigation’. To assess whether further limitations should be placed on the scope of liability for mental harm in Western Australia or in fact Australia, we must look upon the history of ‘nervous shock’ law, the legitimacy of floodgate arguments and the effect of recent reforms and new legislative provisions in the various Civil Liability Acts. Development of the law The right to claim for negligently caused mental harm has been around for some 125 years dating back to the pre-federation Victorian case of Coultas v Victorian Railway Commissioners. It has consistently been far more tedious in establishing than claims surrounding physical harm due to a difficulty in distinguishing between real or imaginary/exaggerated claims. Seeing is believing and since psychiatric injury is not visible to the untrained eye, claims were long thought of as frivolous. In recent decades, however, medical identification of psychiatric injury has propelled legal recognition of it. As Gummow and Kirby JJ noted in Tame and New South Wales and Annetts v Australian Stations Pty Ltd,...
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...delictus in determining which state’s substantive law is applicable to actions sounding in tort[i]. Lex loci delictus holds that the substantive law of the place where the tort occurs applies. It is a recognized principle of the law of the conflict of laws that the law of the state where an alleged tort is completed controls the liability[ii]. Where a tort is committed in one state and sued on in another, the lex loci delicti principle controls[iii]. In Williams v. State Farm Mut. Auto. Ins. Co., 229 Conn. 359 (Conn. 1994), the court held that the substantive rights and obligations arising out of a tort controversy are determined by the law of the place of injury, or lex loci delicti. Thus, under the principle of Lex Loci Delicti, a court will determine the substantive rights of an injured party according to the law of the state where the injury occurred[iv]. The lex loci rule is derived from the vested rights doctrine[v]. According to the vested rights doctrine, a plaintiff’s cause of action owes its creation to the law of the jurisdiction where the injury occurred and depends for its existence and extent solely on such law. Thus, where the tortious act and the resulting injury occur in different states, the rule is that the substantive law of the state where the injury occur controls. Under the provision of the Federal Tort Claims Act which renders the U.S. liable for the torts of its employees, under circumstances where the U.S., if a private person, would be liable...
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...GLOSSARY – BLW 301 Segment 1 Chapter 2 Courts and Alternative Dispute Resolution jurisdiction | The authority of a court to hear and decide a specific action. | in personam jurisdiction | Court jurisdiction over the “person” involved in a legal action; personal jurisdiction | in rem jurisdiction | Court jurisdiction over a defendant’s property. | exclusive jurisdiction | Jurisdiction that exists when a case can be heard only in a particular court or type of court, such as a federal court or a state court | alternative dispute resolution (ADR) | The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR. | arbitration | The settling of a dispute by submitting it to a disinterested third party (other than a court), who renders a decision. The decision may or may not be legally binding | mediation | A method of settling disputes outside of court by using the services of a neutral third party, called a mediator | arbitration clause | A clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather than litigate the dispute in court. | negotiation | A process in which parties attempt to settle their dispute without going to court, with or without attorneys to represent them. | award | In the context of arbitration, the arbitrator’s decision. | concurrent jurisdiction | Jurisdiction...
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...Business Torts & Ethics Law/421 Intruders Liability The intruder, in this case, is held accountable for his actions. The thief showed the intention to break-in and the intellectual aptitude to understand that what he was doing was wrong since he even became violent to Darryl and Sharon. The case consists of two transgressions, criminal wrongdoing for injuries caused and a civil case breaking into Sharon’s house. Mainly, the harshness of the situation is deepened by the fact that the intruder assaults Sharon and the resident manager with an intention to cause harm. For the trespass cases, the charges always increase in situations where the invader causes injury to the inhabitants. Also, the injured party has a legal right to sue the intruder for the physical damage caused by the intentional or the negligent act. Particularly, the owner of the property may not have any legal duties concerning the case. However, there is some ethical responsibility to the resident manager as well as the tenants in regards to the safety of the premises. It is the duty of the owner, after such an incidence, to review the security procedures within the properties. Our Legal Duties and Responsibilities to Sharon and Daryl The owner of the property is not legally responsible for the safety of both Sharon and Daryl. As a universal regulation, the owner of residential properties is not obligated to the renters any duty of care....
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