Browse Month by January 2009
Torts

A Selection of Cases Illustrative of the English Law of Tort

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Often an injured company has more than one claim and they may fall into any or all of these categories. Your business is more than just a company. Held Res ipsa loquitur can be used even if there is negligence on the plaintiff's part, allowing comparative negligence to distribute damages. It might be a cliché, but it remains true – planning without action is futile, while action without planning is fatal. Having caused the initial harm to Paul, the agency is held responsible for any worsening of Paul’s condition as a result of “ordinary” medical negligence, which is reasonably foreseeable.

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Torts

State Liability in Tort: A Comparative Law Study

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Peek put the brake on developments in equity that might have led to liability for careless misrepresentations. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function. In many cases a mix of tools will prove optimal.

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Torts

Fire & Smoke: Government, Lawsuits, and the Rule of Law

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Best way to contact me is through Facebook. For more info Just watch my below 30 seconds video Do you need help with this paper? With an extended unfair trading action the judicial role would be greater, the court having to decide whether to protect on the basis of policy considerations. There was cracked pavement near the location of the fall, but the customer did not actually trip over the cracked pavement, and instead tripped over their own untied shoelaces.

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Torts

Torts in New Zealand: Cases and Materials 5e

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In 1960, eminent legal scholar William L. Prosser documented how privacy as a legal concept had come to constitute four distinct torts. Under Restatement (Second) of Agency � 235 (1959), an employee who is motivated solely by a desire to injure another employee or to advance his own interests does not act within the scope of employment. In the heat of the 1992 presidential primary campaign, the Star—that ubiquitous supermarket source for celebrity scandal—ran a story claiming that Bill Clinton had carried on an affair with an Arkansas woman named Gennifer Flowers.

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Torts

Torts, Cases and Materials on (American casebook series)

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We have a practical understanding of the challenges facing businesses today. The bar on admissibility of settlement-related evidence is not nearly that broad, however, and can lead to a trap for the unwary. They are skilled in the type of 'balancing of social interests' which this issue demands and they routinely handle the questions of malice and intention on which this case turns. In a regular negligence case, intent is irrelevant -- and so lack of intent is not a valid defense.

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Torts

Casebook on Torts

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These kinds of intentional, wrongful acts are sometimes referred to as “business torts”. In fact, three months and 240 billable hours after the suit was filed, you enter into settlement discussions and reach an agreement: You will pay the plaintiff $20,000 in damages. The courts have not allowed the tort of negligence to become a mainstream economic tort. If a person has a right not to be assaulted, for example, then we must treat an assault against her as wrong, so as to reassert that right.

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Torts

LLB Learning Text: Law of Torts (Blackstones LLB Learning

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The duty breached must be nonconsensual and arise outside the tort, and must not be from custom. Business torts can rise to the level of crimes in some circumstances, but criminal charges against a party generally do not prevent a business from pursuing its own civil business tort claims against individuals and entities that imposes financial losses on them. For a discussion of consumer protection generally, see Chapter 19, State Consumer Protection Laws.

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Torts

Liability of Lawyers and Indemnity Insurance for the Legal

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Quasi-contract: “When a person receives some benefit that was to be given to other, than the law says that the person is contractually bound to correct recipient to compensate him for misplaced benefit.” There is no actual contract between wrong recipient and the right recipient, but law implies contract under which the wrong recipient has to pay back the compensation to the right person. Actions that transpire include the spilling of beer on one fan by another, a shove of one fan of anther, a fall, injury, yelling, and repercussions of the stated actions.

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Torts

Tort Law: A-Level Law

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This paper will also describe specific measures to manage torts and other regulatory risks that are identified... Hidden Valley Ski, Inc., Hidden Valley Resort L. Since shifting costs is itself costly, economic analysis begins with the following question: when is it worth incurring costs in order to shift costs? Tort law recognizes two categories of damages: compensatory and punitive (tort or contract). AS TO RIGHTS: > Law of tort protects right in rem available against the whole world. > Law of contract protects rights in personam which means against a particular individual.

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Torts

Oncology For Lawyers (Medic0-Legal Practitioner Series)

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Fontin threw a piece of glass at Katapodis’ face, which missed and deeply cut his thumb. The parties settling the case insisted upon anonymity. W. 2d 7 (1950)(a painter claimed that a local union procured termination of his employment by telling the employer that he had been expelled from the union and that the union would go on strike if he was not fired); Large v. AS TO COMPROMISE: > In tort, compromise is permissible. > Compromise is not permissible in criminal law. West (1900) said this is not possible, because 1) physical injury is not the proximate and natural cause from fright, 2) there is no precedent, and 3) the field would be open for speculative claims.

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