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,
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TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e)
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could use a theory of negligence and a theory of vicarious liability and Respondeat superior to state that The Sporty One is responsible for the actions of its clerk. In order to establish an employer's liability for the actions of its employee in a tort action, plaintiff must prove that an Employee/Employer relationship actually existed and, that the tortious conduct of the employee occurred within the "scope of his employment." The respondent superior also states that restatement sets forth various
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Therese Thomas GM597 Business Law Fall 2010 Week 5 Assignment: You Decide Reading these cases, it is a little bite complicated and hard to decide who should prevail. Being the judge in these cases, I think Kenny’s mother, Kyle, and Kenny’s Poor-Man’s Bar can sue Authorit-I for the damage caused by Cartman. They will prevail because this would be considered as a case of negligence which by law, principals which is Authorit-I would be liable for negligent conduct of agents (Cartman) acting
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generally operates within the law of torts. It has become well-established in English law and historically has been called “Master and Servant liability,” which clearly indicates the circumstances in which the doctrine becomes applicable in tort law. The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result. However, vicarious liability defines the circumstances in which a person is liable for the torts of another without express authorisation
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Negligent Tort Paper: Black Diamond Climbing Ascenders Recall The Consumer Product Safety Commission (CPSC) has been given the power to seek court injunctions against companies to keep unsafe products from being marketed and to urge companies to remove hazardous products (Pittle, 1976). To avoid negligent torts many companies will do recalls of bad products to remedy whatever the problem may be. Xia Liu, Yong & Ting (2016) states a product recall consists of a replacing or compensating consumers
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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
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Hot Coffee Documentary Paper Sharon 2014/12/01 The Hot coffee Documentary talked about some real cases about the success of the tort reform movement and its impact on average people in the form of mandatory arbitration contracts. Stella Liebeck, 79-years-old, was sitting in the passenger seat of her grandson’s car having purchased a cup of McDonald’s coffee. After the car stopped, she tried to hold the cup securely between her knees while removing the lid. However, the cup tipped over, pouring
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whenever we want to as long as we don’t infringe on the interests of others or cause harm. In Business Invitees each and all business have to provide safety and due care of its customer and employees at all times by advising of any dangers, properly training employees and clearing any hidden dangers. Each Business also has to protect every person that comes on all their property and provided a safe environment. Tort negligence occurs when someone or group of people are injure because of someone’s failure
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Torts assignment Completed Assignment S00095482 Word Count: 1,894 I have been asked to advise James, Stephanie, David and Vaughan on any rights and liabilities they may have arising from the relevant facts, considering also any relevant defences which could be argued and giving full legal reasons from the relevant facts. Such advice as will be given is made in consideration of the legal principles set out below. Vicarious Liability This concerns an employer’s liability for the
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