Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur‚ where responsibility is predetermined‚ tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible‚ or liable for such injuries. Tort law is broken down into three main categories‚ negligence‚ strict liability‚ and intentional tort. In negligence tort one is accused
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coffee spilled won a jury award of $2.9 million - or about two days ’ coffee sales for the fast-food chain. Lawyers for Stella Liebeck‚ 81‚ who suffered thirddegree burns in the 1992 incident‚ contended that McDonald ’s coffee was too hot. A state district court jury imposed $2.7 million in punitive damages and $160‚000 in compensatory damages Wednesday. Ken Wagner‚ one of Liebeck ’s attorneys‚ said that he had asked the jury for punitive damages equal to two days ’ worth of McDonald ’s coffee sales‚
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individuals and the impact tort reform laws had on their lives. These cases were discuss and related to tort reform in the United States. The documentary started with a $0.49 cent cup of coffee from McDonalds that turned into a million dollar lawsuit. Stella Liebeck 79 years suffered from third degree burns from the cup of coffee she had purchased which was sold at temperatures that it shouldn’t be. The burns were so severe causing her to be hospitalized her for eight days. Liebecks family wanted McDonalds
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Tort reform refers to the proposed changes in the common law civil justice systems that would reduce tort litigation and/or damages. Tort liability imposes significant cost on society. In 1991‚ US has spent a total of $131.6 billion on tort litigation‚ which is approximately 2.3% of the gross domestic product (GDP)1 Studies have shown that the citizens pay a tort tax of $1200 per individual or nearly $5000 for a family of four. 2 Today‚ tort reform is a contentious political issue and its advocates
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States legal system. Hot Coffee begins by clarifying the truth behind the lawsuit of Liebeck v. McDonalds Restaurants. After presenting what really happened to Stella Liebeck‚ the documentary leads into the tort reform movement that has been confining civil rights since the beginning. Showing how dissembled the tort reform has been‚ Hot Coffee presents the spilled coffee case and many other cases about how the tort reform is affecting different people‚ and the reproductions of constitutional rights being
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Many trial lawyers argue about the need for the tort reform. The tort reform is a cap that the civil justice system has placed on how much can be awarded in punitive damages. Many Americans see civil lawsuits as a waste of money‚ they believe that too much money is being given away. A lot of pressure is put on trial lawyers to not accept lawsuits that can be perceived as petty and frivolous. That is just it‚ though‚ any situation can be perceived in a completely different way. For example‚ having
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laws was simply not a certainty upon which a citizen could rely. In the early most attempts at tort reform in the State of Texas‚ a well-respected University of Texas Law School professor was asked to spearhead a commission and make recommendations on how to fix the those judicial inequalities.
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Tort Reform Legislation The Seventh Amendment to the United States Constitution provides for the right to a jury trial in certain civil lawsuits. The proponents of tort reform legislation believe that in recent past there have been abuses in the civil justice system that need to be limited. In contrast‚ the opponents of the legislation believe that access to courts in order to seek remedy when deliberately or negligently harmed is vital for safeguarding individual rights. Opponents also believe
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