duty of care. Negligence is an unintentional tort‚ which the tortfeasor neither wishes to bring the consequences of the act nor believes that they will occur. In this case‚ we have one negligences: Ruth left her car in neutral‚ and one strict liability: the barn’s owner have dynamite. The first negligence‚ Ruth fails to comply a duty of care‚ creating the car to roll down the hill and knocking an electric line‚ causing a fire that burns the barn. However‚ Ruth’s negligence is not foreseeable
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TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ALL OF THE ABOVE Question 3 ASSAULT‚ BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON’S BODY. INTENTIONAL
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Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur 13 4.2 Novus actus interveniens 13 4.3 Causation in medical “failure to warn” cases 14
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Foundations of Business Law Assignment 1 Levi Manuel 100102979 Question 1 What legal issues does this situation raise and what are the possible legal consequences? First legal issue- Was there a duty of care? In this case there a number of legal issues and the first and foremost of these issues is was there a duty of care? Duty of care‚ as a general rule‚ is that the defendant who owes a duty of care to all persons who it is reasonably foreseeable will suffer loss or damage as a result
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being statutory rape‚ a defendant need not have had any degree of belief or willful disregard as to the existence of certain factual circumstances (such as the age of the accuser) that rendered his conduct criminal; such crimes are known as strict liability offenses.[3] The basic elements of the crime can be stated as ● the defendant must usually have both committed an actus reus (a guilty act) and have a mens rea (a guilty mind) to be liable for a criminal offence; ● criminal offences are not
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Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Introduction Negligence: basic principles Negligence: duty of care and breach of duty Negligence: causation and remoteness of damage Negligence: special problems Negligence: particular relationships Breach of statutory duty Particular statutory regimes: strict liability Intentional injuries to the person Interference with economic interests The law of nuisance and the rule in 5 13 17 31 51 75 89
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the mind‚ this is known as insane automatism which results in a special verdict of not guilty by reason of insanity. The defence of non-insane automatism‚ if successfully pleaded‚ acts as a complete defence absolving the defendant of all criminal liability. It differs from the defence of insane automatism in that there is no power to detain in a mental hospital neither may any other order be made against the defendant. The defence of non-insane automatism exists where a person commits a crime in circumstances
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A2 AQA LAW Is the law fault based? According to the Oxford English Dictionary‚ Fault is defined as “error” or “blame”‚ the wrongdoing and extent of which the defendant is responsible for his actions. The law should only punish those who are at fault and impose punishments which are deserved‚ whilst being more lenient to those who are not at fault and did not foresee the consequences. In criminal law‚ fault is proven by the prosecution where people are found guilty‚ beyond reasonable doubt.
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torts 1. Intentional………..………………………………………………………………………....5 2. Negligent torts……………………………………………………………………………..6 2.1. Comparative or contributory negligence…………………………….7 3. Strict liability torts……………………………………………………………………….7 4. Business torts………………………………………………………………………........7 V. Causation and damages. Immunity 1. Causation……………………………………………………………………………………..7 2. Damages………………………………………………………………………………………8 3. Immunity……………………………………………………………………………………..8 VI. Relations to other laws 1. Relationship
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[2006] 1 WLR 1492. It concerned claims brought forward by employers who were sufferers of mesothelioma‚ due to the prolonged exposure to asbestos. Traditionally‚ employer’s liability in the UK has always adopted the practice of the ‘exposure’ principle in formulating cover for mesothelioma claims. Therefore the employer’s liability policy at the time when the claimant was exposed to asbestos would respond instead of the one in place where symptoms have occurred‚ or when the claimant became diagnosed
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