Torts and Damages I . Concept/ Definition The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law is the blending of common-law and civil law system. Quasi Delict refers to acts or omissions which cause damage to another‚ there being fault or negligence on the part of the defendant‚ who is obliged by law to pay for the damages done
Premium Tort Law
Intentional Tort Paper Unit 3 Holly Cord Kaplan University PA165-01 Intentional Torts Black’s Law Dictionary defines assault as “the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact.” This means that the tortfeasor does not have to make physical contact with the victim. The victim only needs to be placed under a reasonable amount of fear that the physical contact will occur. In fact if physical contact does
Premium Management Sociology Contract
Intentional Tort of Defense Erica Davis Introduction to Tort June 7‚ 2012 Facts On a Saturday night there were an incident between two males and a female in a bar called Bottom’s Up. A man name John had too much to drink and was intoxicated. He was shouting obscenities toward a lady name Jane that was sitting at a table next to another guy name Leroy‚ which he was a frequent customer. However‚ Jane ignored John and continued to drink her beer. When she ignored him than he approached her looking
Premium Tort law Injury Grammatical person
Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
Premium Tort Tort law Negligence
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
Premium Tort Tort law
Intentional Tort is a purposeful act committed by a person against another person that results in harm. In this case it is a nursing assistant harming a patient. An example is a nurse put poison in the patient’s food to inflict harm on them. The case I found was about 16 year old Rachelle Harris. On July 4th‚ 1988 Rachelle tried to commit suicide and was checked into a psychiatric unit of Baptist Hospital. Rachelle was then raped by a nursing assistant on July 16th‚ 1988. Dr. Isabelle L. Ochsner
Premium Rape Sex Suicide
THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
Premium Duty of care Tort Reasonable person
find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: 1) 1) What were the essential facts of that case? 2) 2) What are the elements of intentional infliction of emotional distress under North Carolina law? 3) 3) How were the elements of intentional infliction of emotional distress applied to that case? In other words‚ explain why the court concluded
Premium Tort Tort law
2011‚ p. 209). Then‚ it has the third element‚ the specificity‚ which means in its ad WHIRETIME‚ Inc.‚ specified the particular party‚ business and product (Melvin‚ S.P.‚ 2011). Janet has signed a contract with BUGusa she is committing intentional tort because she is intentionally leaving one company knowing that she has an agreement. She is intentionally leaving them to go work for the competitor so that she can get more money. She can be held liable for any harm or money loss for BUGusa because
Premium George W. Bush Law enforcement agency
This work MGT 401 Week 2 Discussion Question 2 Scenario contains solutions to the following tasks: "Isopropyl alcohol (I.P.A.) has a flash point of 53 degrees Fahrenheit. The outside temperature is 68 degrees Fahrenheit. While this product is being unloaded from a truck‚ several cases fall to the floor and the product spills. Several large pieces of machinery and a welding operation are running nearby. Is there a potential danger from fire in this scenario? Justify your response. Respond to at least
Premium Ratio Temperature Case study