to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced on her. On the other hand Grant may be prosecuted by‚ not only Phil but‚
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Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment‚ the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages
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Litigation Student Name LAW/531 Date Instructor Litigation Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute. Traditional Litigation Traditional litigation can be a long and expensive process. Filing a complaint starts the process. This action
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preferable to accrual when a reasonable estimate of loss cannot be made. Even though it is not probable that a liability had been incurred‚ disclosure also should be made for some loss contingencies for which there is a reasonable possibility that a loss may have been incurred. In conclusion‚ we believe that it was not appropriate for Danle to omit disclosure relating to the class-action litigation for the year ended December 31‚
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. places an ad in a magazine stating that BUGusa devices were low quality and did not work for more than a month. The tort is defamation. Defamation occurs when one party makes a false statement about another. A third party heard or read the statement must be about a particular party‚ and damages
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4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
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Civil Litigation vs. Criminal Litigation If somebody commits a crime or does wrong doing to another what category does it fit under? Is it civil case or a criminal case? Although there are many similarities between civil litigation procedures and criminal litigation procedures‚ several differences exist among them. The first difference among the two procedures is what even defines them. A civil case involves a wrong doing between two private parties in which the victim is suing for damages or
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STATE OF WINSCONSIN CIRCUIT COURT OF ADAMS COUNTY CONSTANCE WOLF‚ F/K/A CONSTANCE WOLFGRAM PLANTIFF V. Civil Action No. 112 LEWIS OLSON DEFENDANT V. ALBER DOBIASH DEFENDANT COMPLAINT Comes Plaintiff‚ Constance Wolf F/K/A Constance Wolfgram‚ by counsel‚ and for her complaint states as follows: 1. The Court has jurisdiction in this matter under section 6 of the code of the state of Wisconsin. 2. Plaintiff‚ Constance Wolfgram‚ resides at
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Vicarious 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
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