Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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Recognizing and Minimizing Tort and Regulatory Risk Plan Karla Ann Lewis Individual Assignment Professor James Eisneman University of Phoenix December 14‚ 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan This regulatory risk plan will recognize the most common torts and risks that are associated business regulation simulation that the learning teams of this course studied. This risk plan will also include how regulatory risks will be identified and analyzed through preventive
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1. Which torts protect against the intentional interference with persons? The torts that protect against the intentional interference are the following: Assault which is an intentional‚ unexcused act that creates in another person a reasonable apprehension or fear of im-mediate harmful or offensive contact. Battery‚ that is an unexcused‚ harmful‚ or offensive physical contact intention¬ally performed. False imprisonment is the intentional confinement or restraint of another person without justifi¬cation
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Definition: A tort‚ in common law jurisdictions‚ is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act‚ called a tortfeasor. Tort is derived from the latin word “Tortum”. Although crimes may be torts‚ the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit
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employer can be held liable for the torts of his/her employees. And after that I will focus on some of the reasons why one person is held liable in certain situations for the torts committed by another person. And then I will finally finish the essay with a conclusion at the end. Vicarious liability is where one person is held liable for the torts of another‚ even though that person did not commit the act itself. For an employer to be held liable for the tort of her/his employees‚ three conditions
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Reading Michalos‚ ‘Douglas v Hello: the final frontier’‚ [2007] Ent. L.R. 241-246 Aplin‚ ‘The development of the action for breach of confidence in a post-HRA era’ [2007] IPQ 19-59 Aplin‚ ‘The relationship between breach of confidence and the "tort of misuse of private information’ [2007] Kings Law Journal 329-336 Aplin‚ ‘Commercial confidences after the Human Rights Act’ [2007] EIPR 411-419 Arnold‚ ‘Confidence in exclusives: Douglas v Hello! in the House of Lords’ [2007] EIPR 339 Arnold‚
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PRACTICE QUESTION FOR TORTS John worked as a car/truck mechanic for a small business in Darlinghurst Sydney. He was a newly trained mechanic and had just commenced work at a new job last week. The day he started work he was given the task of repairing a truck engine. This required John to disassemble the engine with specialised tools. Mechanics who worked on these large engines were normally given protective head gear to prevent any piece of engine striking them in the face should a piece
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Exclusion of responsibility terms It is possible to have a term in the contract which excludes one of the parties from responsibility for something that may go wrong in the performance of the contract or limits that responsibility. It is called an exclusion clause or an exemption clause. For example‚ an exclusion from liability for damage done to the lawn by a builder’s backhoe might be included in a contract between the builder and a home owner who is having an extension built to their home. Express
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Case Questions 1. What did Woolley do to show his acceptance of the terms of employment offered to him? Woolley continued to work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here‚ the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue? The executor of Mr. Wolley’s estate could
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Assignments PLG-101-1401: Torts & Personal Injury Assignment 1 (based on class 1): View submitted answer Please find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: ) 1) What were the essential facts of that case? Watson and Dixon were both employed with Duke in the Sterile Processing Department of the Medical Center‚ when Watson began to experience
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