Torts Notes - 3653 Words

THE ROLE OF TORT LAW Compensatory Function: -Compensation for people who are injured by a wrong, injury to the person , or to the property Torts law can be divided into trespass action on the case and statutory torts TORT LAW REFORM Torts law used to be judge made, similar to common law 20th century statues came in Workers Compensation scheme, Motor Accidents Scheme, Occupational Health and Safety (Factories Act), Dust Diseases Schemes. Drug Compensation Schemes (uk). Characteristics of torts: 1. Wrongful conduct (by way of an act or omission) 2. Infringement of a person’s rights 3. An Available action for damages LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury *†¦show more content†¦(Rixon v Star City). Exigencies of everyday are not classified as â€Å"battery† . (rixon v star city). For battery it must be established that; 1. There was physical contact with the plaintiff’s body 2. This interference was direct upon the defendant’s act and not consequential 3. Defendant’s act was a positive act 4. The defendant had the requisite state of mind i.e. act of interference was voluntary and intentional or voluntary and negligent. The plaintiff bears the onus of proof for the first three requirements and the defendant for the final one. ASSAULT definition: An assault occurs when the defendant deliberately causes the plaintiff to apprehend immediate physical contact (Rixon v Star City). It is distinguished from battery because of the reasonable apprehension of imminent contact. Elements of Assault A direct threat by the defendant: - Barton v Armstrong 1969 – whether or not the apprehension is reasonable is determined objectively with regard to the circumstances which existed at the time of the alleged assault. That causes the plaintiff to reasonably apprehend –The defendant must have the present and apparent ability of carrying out the battery. Some Imminent (impending) contact: (Zanker v Vartzokas). Intentional – Hall v Foneca – the plaintiffs shook his hand at the defendant. For Assault it must be established that ; 1. Apprehension of immediate physical contact with the body of theShow MoreRelatedTorts study notes Essay17110 Words   |  69 PagesReview June, 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence, commonly explained within the framework of economics. The other looks at tort law as a way of achieving corrective justice betweenRead MoreA Brief Note On An Intentional Torts?882 Words   |  4 Pagesgeneral consequences that would result because of his or her conduct. 5. Fully describe (2) Intentional Torts An intentional tort is a tort that is done on purpose or deliberately. It is an unjustified act that causes trauma or harm to someone else. For a tort to be intentional, the person perpetrating the tort must know to a certain degree that it would result in harm. Below are two Intentional Torts: False Imprisonment: This involves deliberately confining another person from moving freely in an unlawfulRead MoreA Brief Note On Torts And Consumer Protection1322 Words   |  6 PagesTorts and Consumer Protection We have all heard about different malpractice cases whether on line, in the news or personal experiences. Throughout the years, many medical procedures have been changed due to new technology and doctors have been tasked with learning new procedures; and following these procedures that are set forth based on the equipment. Unfortunately for some doctors, patients have been killed, limbs removed in error amongst other medical conditions that are irreversible becauseRead MoreEssay on Notes on Torts, Negligence, and Strict Liability2537 Words   |  11 Pages* A tort (in French, meaning â€Å"wrong†) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating thoseRead MoreA Brief Note On Tort And Negligence By Ray Knight, A Middle Student Is Shot961 Words   |  4 PagesTort and negligence is an age has resulted in many court cases resulting in certain procedures and conditions businesses, schools or even individuals may have to abide by. However in a case due to failure to follow procedure Ray Knight, a middle student is shot. Upon further examination, it will be determined whether the school is liable for this incident, and if so what is the reasoning and what defensible grounds the school may have to stand on. Firstly looking upon the failure of procedure regardingRead MoreA Brief Note On Causation And Remoteness Within The Common Law Tort Of Negligence2654 Words   |  11 PagesASSESSMENT A: Problem Question Introduction I will advise each subsequent claimant with regards to any actions they might have when focusing on issues of causation and remoteness within the common law tort of negligence. Chico’s case Issue Whether employers X, Y and Z are liable in negligence for Chico’s injury because they exposed him to asbestos. Relevant Law Causation Fairchild Barker Compensation Act 2006 s.3 Application In most cases the ‘but for’ test is the method used for establishing factualRead MoreA Brief Note On Tort And Its Effects On Society1757 Words   |  8 PagesCase 1 – Tort in legitimate words can be characterized as the collection of different commitments, cures and rights that are put to use by courts whilst common procedures to guarantee equity is served and help is given to individuals who experience the ill effects of the unsafe and wrongful demonstration of others. An offended party can be characterized as the individual who supports harm or is bothered about monetary harm as the after effect of tortious behaviour. Then again a litigant is theRead MoreCivil Court System Of America1497 Words   |  6 Pagesactions, he could be forced to cover the cost of any harms inflicted on others during the incident. Legal experts use the word tort to describe harms like these. The laws that govern how torts are handled in the court systems of America have been under severe attack in recent years. Many groups have successfully lobbied several state legislatures into making reforms to their tort laws. Unfortunately, even though many of these reforms are established with the best of intentions, legislators at times makeRead MoreBusiness Ethics Essay1572 Words   |  7 Pages31: Constitutional, Contract, Criminal, Evidence, Property and Tort Law 32: List and explain Nash’s, Drucker’s, Buffet’s, Blanchards and Peale’s comprehensive approach for resolving ethical dilemma Drucker: â€Å"Above all do no harm.† Intentionally making decisions that will not do harm will encourage ethical decision-making. Buffet: front-page-of-the-paper test, it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision. Read MoreResume Letter For An Affiliate Program1384 Words   |  6 Pagesterms and conditions that apply to you becoming an affiliate in Happily Blended Media’s Affiliate Program. The purpose of this Agreement is to allow linking between your web site or social media platforms and each of our membership platforms. Please note that throughout this Agreement, we, us, and our refer to Brandy Tanner DBA Happily Blended Media, and you, your, and yours refer to the affiliate. Overview/Affiliate Obligations There is no application process; each of our members will

William Shakespeare s Romeo And Juliet Essay - 1591 Words

There is no questioning that William Shakespeare’s plays are influential. They were written centuries ago, yet are still enjoyed by people to this day, and hold a place in modern high school and university curricula. However, as with many other literary works, some of Shakespeare’s plays are received better by audiences and readers than others. Romeo and Juliet, the tragic story of two â€Å"star-cross’d lovers† (Shakespeare, 5) who pursue their love for each other despite the feud between their families, is considered by some to be one of Shakespeare’s greatest works; however, the question of whether it is his greatest tragedy remains under dispute. This play is different from other Shakespearean tragedies in that in several ways, it does not fit the traditional characteristics or structure of a tragic work. It can be feasibly argued that this, as well as the fact that the main characters are much younger than those in Shakespeare’s other pl ays, takes away from the tragic element. Through analyzing Romeo and Juliet, one is able to reasonably conclude that while it is classified as a tragedy, it is not a very effective one. One of the unique things about Romeo and Juliet is that the structure of the first three acts more closely follows that of a comedy, i.e. a non-tragic play, than that of a tragedy. In a comedy, the protagonist must overcome obstacles in order to solve a problem, usually with the help of another character. This is seen quite clearly in acts one to three: RomeoShow MoreRelatedWilliam Shakespeare s Romeo And Juliet1287 Words   |  6 PagesLizzy Baginski English Composition 2 Mr. Spera March 10, 2015 Romeo and Juliet Research Paper The movie Romeo and Juliet is a modern classic film that took place in 1996. Overall this is a timeless story that everyone should go and watch. This movie has an intriguing plot line that tells the story of two feuding families, The Montagues and The Capulets, and how the children of these two different families fall in love. The two children overcome various obstacles such as hiding their chemistry fromRead MoreWilliam Shakespeare s Romeo And Juliet 966 Words   |  4 Pages Beauty Over Gold â€Å"Beauty provoketh thieves sooner than gold.--William Shakespeare, 1623. In his book As You Like It, William Shakespeare pointed out the supremacy of love rather than the want of gold and wealth. Truly, beauty is more important to thieves than wealth. Many of the thieves in this world would rather have an elegant woman than to obtain precious rubies. After all, what good is a prosperous man if he doesn’t have a charming woman? Two famous men grab my attention who didn’t fear forRead MoreWilliam Shakespeare s Romeo And Juliet Essay1024 Words   |  5 PagesRomeo and Juliet is a tragedy written by William Shakespeare early in his career about two young star-crossed lovers whose deaths ultimately reconcile their feuding families. It was among Shakespeare s most popular plays during his lifetime and, along with Hamlet, is one of his most frequently performed plays. Today, the title characters are regarded as archetypal young lovers. Romeo and Juliet belongs to a tradition of tragic romances stretching back to antiquity. The plot is based on an ItalianRead MoreWilliam Shakespeare s Romeo And Juliet1124 Words   |  5 PagesThe play Romeo and Juliet is a tragedy written by William Shakespeare early in his career about two young star-crossed lovers whose deaths ultimately reconcile their feuding families. It was among Shakespeare s most popular plays during his lifetime and, along with Hamlet, is one of his most frequently performed plays. Today, the title characters are regarded as archetypal young lovers. Romeo and Juliet belongs to a tradition of tragic romances stretching back to antiquity. Its plot is based onRead MoreWilliam Shakespeare s Romeo And Juliet861 Words   |  4 Pagesgreatly shown in the play Romeo and Juliet by William Shakespeare. It was love at first sight with Romeo Montague and Juliet Capulet. Meeting at a party and falling in love to get married without even spending quality time with each other. Romeo and Juliet couldn t tell there parents because the Capulets and Montagues are long term rivals. Both Romeo and Juliet had to find different ways and excuses to make this marriage work. A big problem was developed. Romeo kills Juliet s cousin and is banishedRead MoreWilliam Shakespeare s Romeo And Juliet1770 Words   |  8 Pagesof Romeo and Juliet. The story of two destined lovers who were killed by their own doing. But what if they weren t two destined lovers who got unlucky, but doomed partners that were never going to have a good-life to begin with.William Sha kespeare gives us a view of early signs of gang conflict in the early age of Verona, Italy. He gives us a perspective of the norms and customs of Italy during the Setting of William Shakespeare s most famous story. Romeo and Juliet, by William Shakespeare, givesRead MoreWilliam Shakespeare s Romeo And Juliet1616 Words   |  7 Pageslove can also cause some of life s most controversial battles. These battles could stem from lack of patience, disagreement of moral values, and in some cases, an absence of attraction overall. In Romeo and Juliet by William Shakespeare, the issues that drive Romeo Montague and Juliet Capulet s to each of their dreadful misfortunes are inevitable. When it comes to many of Shakespeare s plays, Aristotle s theory is used to describe them as tragedies. Romeo and Juliet is known by many as a tragedyRead MoreWilliam Shakespeare s Romeo And Juliet1264 Words   |  6 Pagestheater-going public the most important dramatist in English literature, Shakespeare oc cupies a well-known position in the world of talented authors. His canon contains thirty-seven plays, written in the late sixteenth and early seventeenth centuries. Additionally, throughout the years, they continue to sustain critical attention, with the majority of his works circling tragedies, one being Romeo and Juliet. William Shakespeare s Romeo and Juliet speaks to the timeless appeal of star-crossed lovers. Their loveRead MoreWilliam Shakespeare s Romeo And Juliet924 Words   |  4 PagesWilliam Shakespeare’s Romeo and Juliet is a tragedy that follows the so-called love of two teenagers. The two fall in love at a masked ball and have a secret marriage. Throughout the play, their actions show how ridiculous love is, and how it is a danger to anyone who become twisted in its choking grasp. However, in the death of the youth and survival of the elders, an alternative explanation for the tragic events may be found. Although Shakespeare seems to be mocking love throughout the play, itRead MoreWilliam Shakespeare s Romeo And Juliet967 Words   |  4 Pagesof ‘Romeo and Juliet’ written by William Shakespeare. Shakespearean time was between the middle Ages and the Industrial Revolution and it was branded by religious changes. William Shakespeare is widely known as the greatest dramatist of all time. Born April 1564, Shakespeare’s play ‘Romeo and Juliet’ is no doubt one of his most famous pieces. ‘Romeo and Juliet’ was first published in 1597 and its tragic story of banned love still captures the creativity of its audience today. ‘Romeo and Juliet’, although

Music and Death free essay sample

The Songs and Deaths of Rockers That Have Shocked the World Music as we know it today is the voice off generation. It gives us entertainment, and speaks out for a community of people In many ways. Most people listen to at least some sort of music, and serves a purpose in almost every facet of society. Just about any expression can be shared through music, Including ideas and feelings about death. Music is used in various way when pertaining to death, including songs about how a death occurred, or songs tat service mourning a death.Whichever way you look at It, music serves an Important purpose, and the songs about death and the death of certain performing artists has a great impact on society, especially the youth of society. It will be Interesting to think about some of these songs and musicians, and the effect their short lives and music can have in our society. No matter which way you turn your head, your going to hear many different kinds of music. Many artists look to cover as many topics in their music, and death and dying is a topic that everyone in this world will sooner or later deal with, so it is a topic that it is covered.It Is hen speaking about death. The Notorious B. I. G. And Tuba Shaker are two rap artists who both have died within the last five years, and were both extremely popular. What one may look at is the fact that both seemed to have an idea that they were going to die right before they did, and it was not because of a terminal illness, it was in fact by being murdered. Tuba Shaker was a very popular artist, whose talents were respected by people who werent or arent even rap music fans.He was very young when he passed, at age 25, and there are still people who listen to his music studio, and there are even some people who question his death even occurred. Many of his albums have thoughts of death and his lyrics represent these thoughts, as he questions how much faith he has left, and how he seems to know his time is coming to an end. One of his songs, titled only God can Judge me, talks about how there is death all around him, and how it is hard to keep positive in the light of friends passing. Now, when dealing with a popular rap artist who makes a lot of money it is hard to Judge his albums and lyrics at face value. But indeed he even insists that it is difficult to escape your hard past, no matter how much success comes forward. Some of his albums suggest his nature of knowing death as near, such as his album Me against the World, and apocalypse now. Not being a Rap hard for to Judge what is going through his mind, but by reading some lyrics it is obvious that he believes that he has a hard life, and that death may be the only answer. The Notorious B. I. G. Was a very famous rap star on the East Coast, and grew to nationwide fame. His lyrics exemplify death even further, as he seemed to never give up his gangster lifestyle. Before becoming famous he was a drug dealer, dealing Crack- Cocaine, so he was well aware of death as a fact of life. His lyrics were different from Tubas in that most of his Death lyrics were about murder instead of his own death, that is until he started to believe that his death was imminent. Like Tubas lyrics, his songs are way to graphic to quote here, but many of his songs had lyrics of him killing and in some rare cases even some sort of threats of torturing as well.It would be reasonable to believe that it was because of his lifestyle on the streets that made him think this way, as he did seem to be obsessed with murder and death. One of his albums was entitled Ready to Die, and it has songs on both side of the spectrum. The self titled song was about how is preparing to murder someone, and there was also a song called suicidal thoughts, which was about how bad his self image was, a nd about how he believed that he deserved to go to hell instead of Heaven because of all of his bad deeds. This song is particularly disturbing, since it gives graphic depictions of what his life would heaven and then in hell, and it seems like he has a true belief in how bad he really is. Both of these rap artists were immensely popular for the actually sound and chattiness of their music. They both displayed a lot of power in their music, but mainly they both expressed lot of truth about their lives, and most certainly on how death was a constant issue. The fact that these two people lived tough lives makes them appealing to fans, and their views on death can give listeners an idea of how much off reality death really is.Now, it is not depicted in a nice way, but it is indeed very truthful, and therefore very effective. Death has become a very large part of the music industry, and the Death of some other music stars have shocked the music industry as well. Another two artists, Kurt Cabin of the group Nirvana and Brad Newell of Sublime are two that come to mind. These two are interesting because they are completely opposite on their outlooks on life, as Kurt Cabin was very negative, and Brad Newell has very positive.Now their music didnt always necessarily pertain to death I itself, but their lifestyles seemed to, as Kurt Cabin had more than one suicide attempt and some lyrics that were morbid, and Brad lived a very out of control life, that led to drug abuse and his death from a drug overdose. Today. Now rock music isnt actually the most popular form of music anymore, but it is a format that will probably live on for a very long time to come. As his group grew immensely popular, Kurt grew pressed and suicidal.His band grew in the grunge type of style, and they revolutionized it, starting from the very bottom before climbing all the way to the top of the music industry. The more popular they become, the more depressed Kurt became, and his music showed it. One song in particular showed this, this being a song released near the end of his life, and it was called l hate myself and I want to die. In this song he talks about a person who kills himself as he was slowly dying in his own room. It is interesting, since he doesnt sing it in the first person, but it seems to be of him explaining his own death.Curts first suicide attempt was by and apparent overdose, but he was saved before he died that time, and he later shot himself in the head. Butt know that this may have been him describing his own death is indeed morbid and may have been a cry for help. Bradley Newell of Sublime was probably the exact opposite of Kurt Cabin, and death was probably more tragic due to the recent birth of his son and his more positive outlook on life. Throughout the Sublimes seven year history, Brad had been suffering with a addiction, one that he was never able to kick as he died from a heroine overdose. His USIA was very upbeat, and it showed how much a off part type lifestyle him and his band all lived. Bradley was indeed a very self destructive person, as he couldnt live without drugs, and had many failures when he attempted to get clean and sober. Its a sad story as he was very high on life, but he as well accepted that he had a hard life, and his overdose ended that struggle. Their music didnt become popular until after his death, and his death may indeed has contributed to the popularity of their music. Just like Cabin, Tuba, B. I. G. Bradley still has a following after his death, and will untie to have one for a long time afterward. Each one of these artists has a different story, but they all ended the same, with a tragic and early death. Each artist was still in his ass, and each artist has touched many fans around them. The importance of their deaths is clear, that it gives the general popular culture a sense of what death is and that it truly exists out there. All four of these deaths have touched the senses in different ways, one being a suicide, one being an accidental overdose, and two being murders.In essence it is obviously not good that these artists deaths came so early, but at least t is a warning sign for the rest of the world, in that it proves that everyone dies sometime, and that no one is lifestyles, and they all learned the lessons of life the hard way. Each death has been like an overdose of reality to the popular culture, and has grounded everyone whose lives they have touched. Anything that popular recording artists do is going to be documented and looked at by the general public.When one of them actually dies, especially at a young age and in a tragic way, it is going to have some sort of impact on societys popular culture, if not the entire public. Sales suggest that death is even good thing for an artists career, believe it or not. Jim Hendrix, a legendary guitarist and performing artist summed it nicely saying, Once youre dead, your made for life. In death, many of these artists sales soar to the top of the charts, as shown by music from the recently deceased Allah and Beetles legend, George Harrison.Bob Marled, who died in 1981, is still the best selling Reggae artist in the world. Artists like the Doors and Elvis Presley have also thrived post mortem. All of this proves that even in death, the music goes on, and people are still touched by the work of the dead. There are many ways to grasp and view death as a fact of life, and death in the music industry. Some artists portray death in their actual music, and others Just give us a look at death by their lifestyle and how they eventual die.One thing has become clear: That the deaths of famous performing artists will touch the general public in more than one way. When a performance artist has died, the public rallies around them, and buys and listens to their music to support the deceased and their families. When a performance artist sings about death and their views or brushes with death, it gives society a chance to see what people think about death, and how they may handle an apparent death or the thought that their own life is about to come to an end.Death is something that every person is going to have to deal with at some point another in their lives. To the people who have never had someone close to them die, the death of a celebrity can be the next closest way for that person to experience and learn to deal with death. The deaths of the four artists mentioned touched the public in different ways. Brad Newell was an aspiring artist who was Just making it to the top when it all came crashing down. Tuba Shaker and the Notorious B. I. G. Ere both already on top and their lifestyles of violence led to their demise. And the Kurt Cabin was a small town guy who didnt want all of the fame and his psyche crumbled as he committed suicide. Each one of these deaths and the music brought from these artists gives us a sense of what it is like to die the way each of these people did. Too lot of rebirth to reality, on how life should be lived and that the industry is only entertainment, and not the way to a fulfilling life. In the end music cannot be a way of life, but it can lead to inspiration towards leading a good life, and gives comfort and hope towards that goal.