...TORTS ESSAY 1 Art and Bill were leaving work one afternoon when they were approached by Charlie, who was wearing a mask and carrying a gun. Charlie, who suspected Art of having an affair with Charlie’s wife, approached to within ten feet of Art and Bill, aimed the gun at Art and said, AArt, I am going to kill you.@ Art quickly grabbed Bill and pulled Bill in front of him, using Bill as a shield. Charlie fired the gun; the bullet going over the shoulder of Bill and hitting Art in the arm. Charlie then dropped the gun onto the ground and turned to run away. Art, using his uninjured arm, picked up the gun and shot at Charlie as he ran away, hitting him in the leg. Bill was horrified at the prospect of almost being shot, and although he suffered no physical injuries, incurred $5,000 for psychological counseling. Discuss the intentional tort claims, if any, that can be raised in the following lawsuits, and what defenses, if any, that can be asserted: 1. 2. 3. 4. Art v. Charlie. Bill v. Charlie. Bill v. Art Charlie v. Art. MODEL ANSWER FOR TORTS ESSAY 1 I. Art v. Charlie A. Assault. An assault is a volitional act by the defendant which intentionally causes the plaintiff to suffer an apprehension of an immediate harmful or offensive contact. 1. Volitional act. An act is volitional if the defendant voluntarily commits it. Here, Charlie clearly acted volitionally when he aimed the gun at Art and threatened to kill him. 2. Intent. The intent required for...
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...Student ID: 253066 Torts Essay One Essay Questions 1) Does Farmer have any claim(s) for damages against Pilot based on intentional tort? 2) Does Dan have any claim(s) against Pilot for intentional tort? 3) Does Pilot have any claim(s) against Dan for intentional tort? Answer to essay questions Trespass to Land Issue: Is Pilot liable for Trespass to Land? Rule: Trespass to Land is shown where Plaintiff can prove 1) an unlawful intrusion upon a property; 2) intent of intrusion; 3) force, and 4) consequent injury to an owner. Analysis: (Element 1 issue) Did Pilot enter onto Farmers land without Farmers consent? (Element 1 analysis) Pilot lowered and guided the plane at a high speed and landed on the field owned by Farmer. (Element 1 conclusion) Pilot did enter onto Farmers land without his consent. (Element 2 issue) Did Pilot act intentionally? (Element 2 analysis) Pilot had knowledge that she was going to trespass onto Farmers land due to the intrusions such as the plane landing at a high speed. (Element 2 conclusion) Pilot acted intentionally. (Element 3 issue) Did Pilot force her way onto Farmer’s land damaging Farmer’s property? (Element 3 analysis) Pilot guided the plane into a high speed landing onto the field. Due to the rapid descent, the plane caused severe damage to Farmer’s crops. (Element 3 conclusion) Therefore, Pilot did force her way onto Farmer’s land damaging his property. Battery Issue: Did Pilot commit a battery against Dan when...
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...Business Torts Issue Spotter Essay Emmy V. MedK Corp. MedK Corp. faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from third party. Tortious Interference is that someone intentionally persuades another to break a contract already in existence. Here, MedK Corp. may be liable for Contractual Interference/Tortious Interference with Contractual Relations if sued by Emmy. Med K signed a contract under which Emmy’s company was to provide exclusive device delivery and in-home instruction through doctors to MedK Clients. The only two people who knew about the contract with MedK was Emmy and Rita. After Emmy starts seeing decrease in sales from MedK, Darrell, the CEO, admitted to Emmy, that Rita had been soliciting MedK and had been encouraging Darrell to slowly phase out the volume of referrals to Emmy’s company and transfer them to Rita’s new company. Darrell said that he would pay Emmy what she was owned, but would not honor the contract in full. Therefore, MedK is likely liable for Contractual Interference/Tortious Interference with Contractual Relations. Emmy V. Rita Rita faces potential liability for the tort of Contractual Interference/Tortious Interference with Contractual Relations. Contractual Interference occurs when parties are not allowed the freedom to contract without interference from...
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...The tort of trespass against the person is the relevant issue here which consists of assault, battery ,false imprisonment and emotional suffering which can be identified in the first problem question. RULES: The Non-Fatal Offences against the Persons Act 1997 is the act which protects a person against the tort of trespass against a person. Battery is the direct application of physical contact upon the person of another without his or her consent, express or implied. It is contact which is outside of what is generally accepted in everyday life. Blackstone stated “The least touching of another’s person wilfully, or in anger ,is a battery ; for the law cannot draw the line between different degrees of violence and, therefore, totally prohibits...
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...Negligent Tort Jacqulyné Allmon BUS 670: Legal Environment Instructor: Timory Naples June 24, 2013 Negligent torts are deemed unintentional which is one of the most common types of torts business managers experience and one of the most expensive. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. In this essay a product will identified that has been subject to recall by using the Consumer Product Safety Division website www.cpsc.gov, determine whether if the product had not been recalled and had caused harm to a consumer, the manufacturer would be liable in negligence, and identify and discuss a relevant consumer protection statute identified under “Consumer Protection” in conjunction with the product recall was previously identified. Jeep Liberty Strollers were recalled on June 19, 2013 under recall number 13-221. Kolcraft, the manufacturer, and CPSC have received 39 reports of inner tube ruptures causing the wheel rim to fracture and fly off as a projectile. “Of these, 18 included reports of injury, with 14 occurring while filling the tire with air by an adult caregiver. Two children received lacerations to their chin or leg while standing near the stroller and 16 adults received abrasions...
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...Recognizing and Minimizing Tort and Regulatory Risk There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations. The simulation of Alumina, is very interesting. This fictitious company is accused of contaminating water with carcinogens. and consequently a girl who consumed the water was diagnosed with leukemia. The mother blames the company and is stating this to the news. The government empowers certain agencies to assist states in regulating the way companies do certain procedures to maintain a certain quality of life. An example of such agencies is the Environmental Protection Agency (EPA). This agency was created in 1970, if a standard is not met EPA has the authority to issue sanctions among other steps to ensure an environmental quality of life. The company needs to do something about this. The board of the company is Todd, Lloyd, and Richards. Todd is the legal council he firmly believes that the procedures for disposal of waste are efficient and that they are below the specified level in compliance with the Clean Water Act; thus he thinks the company should submit a story about this. Lloyd is certain that the acquisitions are without foundation, but he...
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...MARKETING REPORT PLAN- RECOGNIZING and MINIMIZING TORT and REGULATORY RISK PLAN According to several managers tort is a social wound planned to offer return for damage to an officially sheltered, physical or indefinable, notice. In order to decrease legal action and tort accountability, companies must make sure they are well-informed in local, status, and federal laws, and set of laws and in order to defend its status and property, it is dangerous that companies should have a plan in order to deal with such torts and regulatory hazards. In current environment companies have to be forcefully involved in increasing, keeping and sustaining and carrying up on precautionary and remedial action plans that be appropriate in company. In today’s environment work setting are confronted with regulatory hazards, for instance, tort accountability that consists of planned torts, carelessness, and severe accountability. When parties commit intentional acts such as assault and battery or defamation these are the harms that is called intentional tort. On the other hand, negligence “is the non-success to use sensible care, that the action of something which a sensibly well thought-out person would not do or the disappointment to do something which a sensibly foolish person would do under like conditions (Charles P. S, & Sandra L. H, 2003).“However, for the third tort is harsh tasks it is the authorized accountability for compensation, or injury, still if the person establish...
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...for many organizations, this balancing act is not strategized and as a result risks control the organization instead of the organization controlling the risks. To prevent this from happening it is necessary to engage what is known as Enterprise Risk Management (ERM) (Cheeseman, 2010). This essay will examine how ERM strategies can be used to mediate the effects of tort risks and violations. Potential Tort Risk The type of tort risk that was addressed in the simulation was injury to plaintiff, personal injury. Actual cause: Ms. Bates was claiming that if the Alumina Inc. situation had not occurred five years ago, then her daughter would not have leukemia. Special negligence doctrine: a tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct. Negligence Per Se: Violation of a statue that causes an injury, statue was enacted to prevent injury. Strict Liability (Rationale): The activities of Alumina Inc. five years ago did place the public at risk, even though reasonable care was taken. These tort risks would be classified as Unintentional Torts (Cheeseman, H. R., 20120). The simulation also presented some other tort risk. The tort risk would have been a result of Alumina Inc., counter suing Ms. Bates. Defamation of Character: Untrue statement of fact was made about Alumina Inc., and the statement was intentionally published to a third party. Though it is a fact that m. Bates daughter had leukemia, it is not a fact that...
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...Recognizing and Minimizing Tort and Regulatory Risk In this essay I will explain how regulatory risks may be identified and managed through preventive, detective, and corrective measures for such torts as negligence, product liability and defamation. For most businesses such torts are better handled before they happen. Companies make sure many issues are addressed in the company policy and regulations manuals when new employees are hired as well as in training sessions for topics such as sexual harassment and safety. For a Company such as Firestone Tires and Rubber for example, one type of negligence could be Negligent Hiring. If an employee in a supervisory position verbally abuses another or in an extreme case, assaults another employee with a tire iron used in the performance of his duties, the victim could claim negligent hiring on the part of the company where they both were employed. This could be the case if the aggressive supervisor has had a history of this type of behavior at a previous place of employment. This begs us to ask the question: Has the company made enough effort to fulfill its obligation of providing a safe working environment for its employees? As it was touched on before there are measures that can be taken before something like this happens. For one, the hiring manager could have followed up on references to possibly find out if the candidate for employment has had a history of violence in the workplace, or perhaps...
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...Is the move away from contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability...
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...potential risks. There are many things that must be done to provide a safe environment for tenants to live and feel secure in. The intruder forced his way into Sharon’s apartment through a sliding glass door. The intruder was well aware of what he was doing by unlawfully entering someone else’s property with the intent to burglarize their home. Also, the intruder broke in during the evening, when common sense should’ve kicked in that someone would probably be home. The intruder broke in and attacked Sharon, whose screams alert Darryl, the apartment manager, who is also attacked. Tort law has a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer (Lahnstein, 2011). I do have an ethical responsibility to Sharon and Darryl as my tenant and my property manager. I am expected to provide livable housing. It is my responsibility to make sure it meets all the requirements of livable housing. Secure locks, latches, maybe alarm system, deadbolts, well-lit area, etc. are all part of livable housing. I want my tenants to feel safe and secure, I want to listen to their needs and accommodate, who knows, maybe they have an idea...
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... | |POSTCODE |PHONE | |4510 |(07) 5428 2759 or 0429 291 133 | |EMAIL | |ERIN.STORR@students.cdu.edu.au | |UNIT NAME | |Torts | |UNIT CODE |Semester __2____ | |LWZ116 |Year __2014_______ | |LECTURER NAME...
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...ESSAY 2 The issues to be identified in this case are whether or not the use of the photo of John Travolta described in the magazine is considered a parody, whether or not this photo in question violates the libel defamation and/or copyright laws for use of Travolta’s image, and finally, whether or not Rolling Stones Magazine is protected under their First Amendment rights. The rules of law the court will use to decide this case are listed below. Parody: is defined as a literary or musical work in which the style of an author or work is closely imitated for comic effect or ridiculed a feeble or ridiculous imitation. In other words, a parody is a form of speech protected by the First Amendment as a "distorted imitation" of an original work for the purpose of commenting on it. The subject matter is usually a political or entertainment figure or situation and it is often used in a comedic way to bring up a point or exaggerate the situation. Some forms of parody and satire are difficult to distinguish from truthful publications. Moreover, many forms of parody and satire can be particularly offensive to the subject of the parody. As a result, publication of various types of parody often involves litigation over libel, slander, and other types of Defamation. Fair Use Doctrine Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research....
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...a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Aim: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Key Objectives: 1. What are...
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...| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form. | OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW1100).Agreement X ...
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