Torts Julie and Mary are plaintiffs for the J&M Jewelry store that opened in the Sunny Market Place. The defendants are Tom and Fred who own the Deluxe Jewelry in Sunny Market Place. Tom and Fred do not want the competition for their store so they decided to take action against J&M Jewelry and trespassed by entering their store without consent. An intentional tort is the most willful of torts, this intent is not to harm but rather to engage in a specific act, which ultimately results in an injury
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allergic reaction to a food substance and had no history of allergies. 1.Identify and explain at least three legal considerations. Based on the case presented, there are several legal considerations to consider including Negligence, Intentional Tort and Vicarious liability. According to Showalter (2009), negligence “Occur when the wrongdoer fails to live up to accepted standards of behavior”(p47). In this situation we know that the hospital facility is understaffed and negligence could have
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Tort- a violation imposed by civil law Intentional torts- harm caused by a deliberate action Defemation: harm to someone’s reputation Libel: is the written one Slander: is the oral one False imprisonment: the intentional restraint of another person without reasonable cause and without consent Intentional Infliction of emotional distress: An intentional tort in which the harm results for extreme and outrageous conduct that cause serious harm Battery- An intentional touching of another
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may be caused deliberately or carelessly * One person’s single harmful act to another person (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong), other than breach of contract, remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute, prosecution
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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
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obligation or responsibility, it represents an outstanding debt, product or services that have yet to be provided or acknowledgment of responsibility and payment provided for damage caused through actions or negligence. Liability risk can arise from an intentional act or omissions that result in harm or injury to another person or damage to the person’s property. Liability risk can result in suits against an individual and or resident of the individual’s household for actual or imagines bodily injury and
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Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants
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Trespass has been said to be one of the most ancient form of torts. It developed even before the presence of the police force, to provide protection against the physical interference to person, land or property. The statement has made specific reference to the tort of trespass to person, in regards to the extent of intention needed to determine that a trespass to person has occurred. As such this essay will examine the tort of trespass, with reference to both UK and Malaysian cases in order to make
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i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the
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SYSTEMS, INC, INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems, Inc. In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement, and Big Bank agrees to purchase
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