other than a breach of contract. Tort usually refers to the causing of damage to property or to a person’s reputation‚ or harm to a person’s commercial interests. Wrongful act‚ other than a breach of contract‚ that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum‚ meaning something twisted‚ wrung‚ or crooked The body of the law which allows an injured person
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Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end‚ the essay will pay particular attention to the salient elements he has to establish in the area of law identified‚ if at all he is to succed in his claim. The essay will conclude by looking at the likely
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land‚ or some right over or in connection with is nuisance (Winfield and Jolowich on tort) examples are noise‚ fumes‚ dust e.t.c. There are 3 different actions in nuisance but the ones of concern are private‚ public and Rylands and Fletcher (strict liability).the objective of nuisance is to protect an individual’s interest in land. The scenario to be analysed below is to advise Banger of his potential liability in tort since the occupier/ controller of the land (country house)‚ and the creator of the
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LGST101: Business Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering
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States justice system‚ a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person‚ but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years‚ tort law has become the center of scrutiny through the increase in tort costs‚ insurance liability
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* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
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Blake v. Barnard 1840 A man put his gun at the head of another and said‚ ’Be quiet or I blow your brain out’. No assault. If the person did what he is told nothing would happen. Contrast: READ v. CROKER (1853). Byrne (Canada) 1968 Canada Supreme Court A man went into a bank. Having a jacket over his hand‚ he said: I have a gun‚ give me the money or I shoot. No assault. He did not show the gun. Persuasive precedent. Janvier v. Sweeny 1919 Court of Appeal Private detectives tried
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Assignment 1 Constitutional Law (LAW437) Question Habeas Corpus is a remedy to secure personal liberty in Malaysia. Discuss with reference to some decided cases. 1.1 INTRODUCTION The main provision of the Constitution which is relevant is Art. 5(1):”No person shall be deprived of his life or personal liberty save in accordance with law.” This most fundamental of all fundamental-rights provisions is given to all persons‚ not just citizens. Art. 5 goes on to provide for the right to habeas
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Rev. 1801 Texas Law Review June‚ 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way of achieving
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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