The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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DEFINITIONS: In common law jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. TORT: In common law jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties
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Historical Background of Law of Tort: The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing
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Liability * Employer’s liability for employee’s wrongdoing committed by employee in course employment- strict liability/ absence of wrongdoing by defendant * Employer will not be liable unless employer-employee relationship/ employee must commit a tort/ must be during course employment * Casual potency important * Must be committed by an employee- employer/employee relationship: * Distinguished between contract of employment/contract for employment * Ready Mixed Concrete (South
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Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins‚ J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation‚ another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common
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Tort Reform XXXX XXXXX XXXXXXXXXX University Tort Reform In the past several years‚ the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled
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Torts Outline Exam Analysis Chart out all of the torts that are in the fact pattern. Who are the plaintiffs and defendants? Make the prima facie case. Raise the defenses to the prima facie case. General considerations‚ if any. Vicarious liability Joint tortfeasors Intentional Torts – Attacking the fact pattern Always treat the plaintiff as an average person (no super sensitivities except when D is aware of them.) Everyone is liable for an intentional tort! 1 Torts Outline 1) Introduction
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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Tort Scenarios BUS/415 Introduction In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son‚ and angry fan‚ stadium workers‚ and other spectators. 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. The second scenario we analyzed
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TORTS I OUTLINE Professor K. Chadwick Development of Liability Based on Fault a. A tort is a civil wrong‚ other than a breach of contract‚ for which the law provides a legal remedy. b. Area of law that imposes duties on persons to act in a manner that will not injure other persons c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort d. Initially‚ you had to have a writ from the King in order to have a claim in court. There were two writs
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