Meiners, Ringleb, and Edwards. "Chapter 6: Elements of Torts." The Legal Environment of Business. Mason, OH: South-Western Cengage Learning, 2008. 150. Print.…
Have you ever followed a court case and been astonished at the outcome and the damages awarded in the case? I believe we have all heard about cases where the plaintiff is awarded a very large sum of money for a case that appears not to warrant the award. Most of these scenarios take place in cases where the tort law applies. According to authors Kubasek, Brennan and Browne (2009), tort law is defined as injury that to a person or their property. Tort law is primarily a state law and stipulations can vary. Tort law was put in place to encourage civility, discourage people and companies from private retaliation and to compensate innocent people who are injured due to the wrongful act of a person or company. According to The Legal Environment of Business A Critical Thinking Approach, there are different types of damages awarded in relation to tort cases. These damages are nominal, which is usually awarded when the plaintiff has not suffered serious damage, compensatory, which include general and special damages, and punitive damages. Punitive damages are usually intended to punish defendants and often go beyond simply compensating the plaintiff. (Kubasek et al.,2009)…
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…
1. The primary reason for having and awarding punitive damages is to “punish and deter the conduct by wrongdoers and others.”…
Due to the number of assumed meritless cases in the United States the Tort Reform movement was born to propose reducing tort litigation and damages. The advocates on this reform says that small businesses are suffering much like how the Chungs, who had to close their business because of the financial strain that the case caused them, and critics of the reform states that “ it is movement that seeks to strip Americans of their legal rights” (History, 2011). A closer look at the statistics and unbiased research of the two cases will truly determine whether the cases have any merit or not.…
Defendant’s actions were the proximate cause (nearest cause/ number of factors that collectively caused the Plaintiff’s injuries) or actual cause (specific factor that caused the Plaintiff’s injuries) of the harm to Plaintiff…
When one has committed a wrong doing, that person should be punished, and the one who has been wronged needs to feel vindicated. Others who may think of wronging someone in the same fashion will think twice first before it. One of the ways to punish people is through the civil court system with the use of torts. This system allows any person to confront any entity that has wronged them and demand retribution. Torts are an important tool enabling people to recover damages lost through medical costs, property lost, reparations for pain and suffering as well as mental anguish.…
Punitive damages are designed to punish a defendant and deter bad conduct. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. Punitive damages are not awarded in every civil case and most states have strict rules and limitations on when punitive damages will be allowed. There may also be caps in place that limit punitive damage awards to no more than 2 or 3 times the amount of actual damages. In many states, we will find that the awarding of punitive damages have been limited so as to not get out of control. For example, in most of these tort cases, punitive damages will not be awarded unless there is proof of compensatory or special damages sustained.…
Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004).…
* Intentional Torts – involve intentional, rather than merely careless conduct; assault/battery, invasion of privacy, false imprisonment, trespass to land & the interference with chattels.…
3. Essence of battery is an offense to dignity involved in unpermitted invasion of inviolability of person…
Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity.” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries).…
Fitzerald, Patrick, Krueger, Kurt V. (2005, Nov 19). Tort Remedy in the Law Versus Economic Restitution for Personal Injury and Wrongful Death. South Economic Association 75th Annual Meeting, Retrieved June 2006, from http://johnwardeconomics.com/Research%20and%20Data/Tort%20Remedy%20v%20Economic%20Restitution.pdf…
a. Definition—(1) voluntary acts for the purpose of causing [the essential element of the tort] OR (2) voluntary acts with knowledge to a substantial certainty that [the essential element of the tort] will result.…
Connie Spears, whom had with a history of blood clots, arrived at Christus Santa Rosa Hospital’s emergency room of Texas in 2010 with unbearable leg discomfort. She was diagnosed with something minor and went home only to find herself in agonizing pain few days later. Emergency personnel escorted her to another hospital and found a massive blood clot and tissue damage. The doctors surgically removed both legs in order to save her life.…