Case 1 In the case at Gigantic State University, students that were a part of the SFT committed several careless acts. Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek, pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. According to the case, Prudence’s physical integrity was harmed…
A tort is a non-criminal civil wrong that is caused either on purpose or through negligence (Simon, Eddins…
References: Black’s Law Dictionary, Assault (9th ed. 2009) Black’s Law Dictionary, Battery (9th ed. 2009)…
TORTS FINAL EXAM OUTLINE INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress…
There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…
References: Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce (6th ed.). : Prentice Hall.…
. Identify and explain the four elements of proof necessary for a plaintiff to prove a…
Punishing the morally innocent is something our justice system usually refrains from doing. In order to be considered criminally responsible for a crime, mens rea and actus reus must coincide at a specific point in time. In the case of R v. A.D.H, the accused was charged with unlawfully abandoning a child under the age of ten years, in accordance with section 218 of the Criminal Code. I agree with the decision to acquit the accused, as the Crown failed to prove the mens rea beyond a reasonable doubt. The decision to acquit is correct because firstly, the highest court in Canada, the Supreme Court, which also creates precedents and case laws at the top-level decided to acquit her. Secondly, there was a minority opinion amongst the judges which…
Medical malpractice is a patient or a patient’s family believing they were wronged by the healthcare system. This can be wrongful diagnosis, being given the wrong medication, or having their private information not properly protected. A few more examples would be receiving/giving improper treatment or care sometimes causing death. Upon any of these events taking place the wronged party will produce a lawsuit against the medical company or even just the professional. Medical malpractice statistics have sky rocketed ever since the healthcare system became more informal and mechanical. (McDonald, Chad, Hernandez, Marlow, Gofman, Yana, Suchecki, Shawna, Schrier and Wayne 2011) stated that “The most common factors leading to medical errors included failure to obtain a proper medical history, order the appropriate diagnostic tests and provide adequate follow up care”. (Para.4)…
As we have already learned in class, a tort is a form of wrongful action that brings or causes harm to someone else that can lead to a lawsuit. Some torts are intentional, negligent, or strict liability. If you were intentionality trying to hurt someone or you were being reckless, you weren’t not making safe and conscious actions that only affect you. There are many different forms of intentional torts that are committed every day and there are consequences for those actions.…
SUBMITTING AN ANALYSIS RICARDO COLON BUS - 206 MOD 5 SOUTHERN NEW HAMPSHIRE UNIVERSITY JUNE 1st, 2013…
I have followed the case in Chicago regarding the shooting death of 17-year-old Laquan McDonald, who was shot 16 times by a police officer. The case happened in Chicago on October 20th ,2014. The cases are still being investigated However, Officer Jason Van Dyke has been charged after the video tape was made public on November 25th, 2015. The video was only made public after a freedom of information act request was made. How the request was made; an individual that had knowledge of the tape informed a person that the was acquainted with and knew, that this tape needing to been revealed. The tape existed for well over a year with no in in the public being able to see it, until this request was made.…
Medical malpractice is a category of the negligence tort in which medical professionals commit negligence (Lau & Johnson, 2014). Therefore, medical malpractice is a specific type of negligence. The following must happened in order to make a claim of medical malpractice: the duty owed by the defendant to the plaintiff must be established, proof that this duty was breached must be shown, proof the defendant’s actions caused this breach and lastly the damages sustained by the plaintiff must be shown (Lau & Johnson, 2014). Medical professionals have a duty to perform medical care to their patients. If an error is made during their medical care that causes injury or death to a patient, their duty has been breach. Proof of this error and that it was the doctor’s responsibility must be shown. The injury or death must be explained as a result of the doctor’s…
The Malpractice Law Firm Jack H. Oldender & Associates explains the result of malpractice with the following: “ Medical malpractice occurs when a health care provider negligently inflicts an avoidable injury upon a patient. Under those circumstances, the patient has a right to file suit against the provider for money damages.” (Oldender)…
TORTS ESSAY ONE Scenario: Pilot, Dan and Farmer In order to understand this scenario one must grasp the types of torts. We have intentional torts; negligence; and strict liability. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). An intentional tort is basically a “civil wrong doing” that happens when the “wrong doer” intentionally causes damages to another. (Torts.uslegal.com, 2015, Types of Torts - Torts. Retrieved 4 May 2015, from http://torts.uslegal.com/types-of-torts). There are many types of intentional torts, such as trespass, battery; false imprisonment and fraud just to name a few. Negligence is that when “careless conduct” is present as well as a…