Muniyandy is likely to succeed under the tort of false imprisonment and battery. In the event that the identity of the staff that looked like ‘a hulk’ can be established, the grounds of assault can succeed too. However, he is unlikely to succeed in suing the Police for breach of statutory duty and negligence. IV. Causes of Action For issues (i) to (iii), Mr Muniyandy would have to sue the casino under vicarious liability. The casino is vicariously liable for the torts committed by its staff as (a) there
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their wrappings, their snoof and their fuzzles, their tringlers and trappings!”. 2) ISSUE PRESENTED: Under Criminal Law, is the defendant “The Grinch” guilty of Larceny Conspiracy to Trespass and Burglary? Under Tort Law, can the plaintiff People of Whoville sue for Intentional Infliction of Emotional Distress? 3) ARGUMENTS: Under criminal law a defendant is guilty of conspiracy if an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that
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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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crime by threatening to punch John if he moved? ANALYSIS Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. When we follow this rule law which sums up intentional torts. Battery is the intentional infliction of a harmful or offensive bodily
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Coleman works for Software Inc., a Delaware based corporation that sells security equipment to businesses and bars. Coleman travels to prospective clients and meetings with representatives of the businesses in his sales division. Coleman conducted a sales trip to Smalltown, Colorado in March 2008. Coleman saw a ring that he really liked but could not afford it, so he stole the ring. He later went to Jimmy’s Poor-Man’s Bar to meet with a client. Coleman was talking with Jimmy about business when
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Running head: Negligent Tort Elements The Elements of a Negligent Tort Arthur R. Scott Legal Environment: BUS670 Instructor: Dr. Lisa Barrow 28 August 2011 The Elements of a Negligent Tort A Tort is defined in our text as “a civil wrong that is not a breach of contract” and that it “contemplates civil liability for those who commit torts”. [ (Mallor, Barnes, Bowers, & Langvardt, 2010) ] A tort can be thought of as an action that occurs when an entity, a company or an individual(s)
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MODULE 7 MODEL ANSWER Evaluation Approach To learn the most from your experience of writing this essay, with an eye towards improving both your essay-writing skills as well as your knowledge of the relevant substantive law, please compare your essay to the model answer provided below using the following approach: (1) Score: Find the score the essay received in the grading rubric (below), and note the description of why an essay would receive that score. The score tells you in general terms
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Week 3 individual LAW 421 Tort law can exist in many different ways from keyless cars to personal pets and animals that could cause damage to someone. Liability and negligence are two of the main portions and apply to just about all tort cases in some way or another. Taking a look at a few different cases we can see both negligence and liability on both parties of each case and the decision can be yours to make. Keep in mind that negligence is the failure to exercise the care that a reasonably
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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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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
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