Sunday, December 29, 2019

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

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.