Case Facts: Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until
Words: 930 - Pages: 4
house and maintain discipline. The claimants stayed at Axelholme House between 1979 and 1982. During that time they were sexually abused by Mr Grain. They sued the defendants, claiming that the defendants were vicariously liable in respect of the torts committed by Mr Grain when he sexually abused the claimants. The Court of Appeal dismissed the claimants’ actions on the grounds that Mr Grain was not acting in the course of his employment by the defendants when he sexually abused the claimants. The
Words: 12613 - Pages: 51
commit the person and remain in constant contact with the family. How can intentional torts arise in the healthcare field? Be sure to provide specific examples. Intentional torts are intentional actions that result in harm to the plaintiff. The harm need not be intended, but the act must be intentional, not merely careless or reckless. Most intentional torts are also crimes. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. The care may
Words: 2342 - Pages: 10
LAW 531 WEEK 3 ASSIGNMENTS A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-3-assignments Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 3 Assignments Week Three IRAC Brief Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim
Words: 1050 - Pages: 5
submitted to prof. manjula batra | LAW OF TORTS PROJECT | VICARIOUS LIABILITY | | | SUBMITTED BY:VAIBHAV PRATAP SINGHFIRST SEMEMSTER, 2012BA., LL.B. (HONS.) | | ACKNOWLEDGEMENT I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour, first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her
Words: 4730 - Pages: 19
said to be fraught with difficulties. How has the law developed to overcome these difficulties? INTRODUCTION Negligence in the law of tort is the failure to exercise the care that a reasonably straight person would exercise in such like circumstances. In tort law, this area of negligence involves harm caused by carelessness and not by intention. The tort of negligence structures a standout amongst the most element and quickly changing zones of obligation in the present day law. Its rise in the
Words: 4638 - Pages: 19
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
Words: 2814 - Pages: 12
Table of Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned
Words: 2459 - Pages: 10
Hotel California Introduction The law of negligence views negligence as an intentional tort where the defendant acts wrongfully, not in implication to cause harm but acting in such a way as without sufficient concerns for the interests of others (Feinman, 2014). In this scenario, the injured victim suffers loss and it seems fair-minded that the careless tortfeasor who caused the harm to the victim, should bear the burden of the resulting loss. Ms. Warren suffered harm in terms of a lost opportunity
Words: 677 - Pages: 3
Scenario Analysis After the NPV is calculated, what do we do? Do we invest in the project and go to the next project? Probably not. We examine the project in more detail. Remember, the cash flows are estimates and actual cash flows will be different than our estimates. We look at the changes in NPV and cash flows by asking “What if” questions. We will examine some of the methodologies for asking these “What if” questions. The goal is to develop some estimate of the forecasting risk and
Words: 278 - Pages: 2
