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Tort Essay Topics & Paper Examples

Agency Relationship

Agency relationship is a consensual relationship between two parties, where one party, the principal, gives authority to another party, the agent, to act on behalf of and under the control of the principal to deal with a third party, thereby creating a fiduciary relationship. The law of agency allows one person to employ another to do his/her work, sell his/her goods, and acquire property on his/her own behalf. Although a principal-agent relationship can be created by a contract between the parties, a contract is not necessary if it is obvious that the two parties intended to act as principal and agent. The intent of the parties can be expressed with words or implied by their actions. The principal can authorize…

Case Study Research

Case One: Barsz v. Max Shapiro, Inc. Ind. Ct. App. 600 N.E.2d 151 (1992) Fact: Marjorie Barsz brought negligence action against Shapiro’s Delicatessen Cafeteria to recover for personal injuries sustained when she slipped and fell, breaking her right ankle and left knee cap. Her husband, Carl Barsz brought action against the restaurant for loss of consortium with his wife due to Mrs. Barsz’s injuries. The Circuit Court of Shelby County granted summary judgment for the restaurant, and the plaintiffs appealed. The Court of Appeals of Indiana, First District held that genuine issues of material facts existed and reversed the summary judgment. Issue: Was Shapiro’s Delicatessen Cafeteria negligent in identifying and remedying the condition of the floor in the restaurant, causing…

Common Law

Chantelle woods v Department of Arts, Culture and the Gaeltacht 1)The relevant information that has bearing on this case vWhat was the previous health condition of Chantelle Woods before the accident? vWhat part of the building was she in? Where there any sign to say that staff and visitors are prohibited from coming in? vWas there any caution sign placed on the steps case? vWhat type of foot wear was she wearing when the accident occurred? vHas anyone ever fell from the step case before? vWas she carrying anything while climbing the steps? vDid she used the ray that was provided on the steps? From the investigation I had done in regard to the accident Mrs Wood had at the…

Who is the reasonable man?

Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if, treated as a man of ordinary intelligence & foresight he ought to have foreseen the danger which caused injury to the Pl. 1. Knowledge – Expected to know facts of common experience e.g. basic properties of ordinary machinery. 2. Physical capacity – i.e. the victim of heart attack wouldn’t be expected to perform…

Defendant Ling’s Market

Facts: Kim was shopping for dinner at Ling’s Market, as Kim entered she slipped and fell due to the water accumulated on the floor (that the manager was aware of) because of the high winds and rain that blew into the Market each time the door was opened. Kim suffered a back injury as a result of the fall. Kim filed suit against Ling’s Market, the defendant, arguing that Lings performed a “tort of negligence” due to their absence of a warning about the wet floor, and disregard in the exercise of a “reasonable degree of care to protect business invitees.” Issue: To prove that the defendant, Ling’s should be liable for Kim’s injuries, the plaintiff, must prove that Lings…

Professional Issues in Nursing

As a nurse, I make judgement that would affect patient’s health every day, I am aware that I have a great duty to ensure my patient’s safety to maintain the public trust (Chitty & Black, 2011). After learning this module, it helped me acquire adequate knowledge to better manage legal and ethical issues at work. For the sake of providing a high quality of care to my patients, I must be knowledgeable in both (Croke, 2003). Nowadays, the public is aware of legal issues and organized information is available through the internet. As a result, medical litigation claims have been rapidly increasing. Most claims against nurses are due to medical negligence (Tay, 2001). I am liable for my own practice,…

Case Analysis: Mitchell V Glasgow City Council

The claimant of this case was the widow and daughter of Mr Drummond. They brought a claim against the council for damages in negligence, the essential legal complaint was that the local authority had failed to warn the deceased about the meeting before, and that they acted in a way that was incompatible with his right to life, under Article 2 of the European Convention on Human Rights. The Court of Session (Scotland’s equivalent to the High Court) at first dismissed the case in 2005, but in 2008 the court allowed the hearing of the case, also known as “proof before hearing”.Unanimously the Lords allowed the local authority’s appeal and dismissed the cross-appeal. The bench included Lord Hope of Craighead,…

Liable for the Torts

The question asked basically has two parts. In the first part of my essay I will try to shed some light on circumstances where an employer can be held liable for the torts of his/her employees. And after that I will focus on some of the reasons why one person is held liable in certain situations for the torts committed by another person. And then I will finally finish the essay with a conclusion at the end. Vicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself. For an employer to be held liable for the tort of her/his employees, three conditions must be fulfilled. First,…

Legal Factors in Sport

If you break the statutory law it is a crime. * A law passed by parliament. A new government can bring in new laws – this means that if there is a new government they have the rights to allow a law to pass or can turn down it, but it has to be decided through the parliament. * This involves the police, if the rule is broken – this is saying that if you break the legislation the police have the right to enter and do something about it. An example is when Steven Gerrard and his friends ganged up on a DJ because they wanted to play a tune and he didn’t listen, so they beat him up….

Negligence of Tort

DEFINITIONS: In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. TORT: In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are considered mandatory for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortuous act, he/ she are legally a Tortfeasor. Tortiuos acts…

Responsibility not a Sufficient Condition of Liability

Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment, and there can be involuntary MR e.g. drugged paedophile in Kingston. * There are many MR states of mind: the sentencing advisory panel stated that there are 4 levels of culpability = intent, recklessness, knowledge, and negligence [in some crimes only negligence is required * Two species of MR Cognitive (involves intention or foresight by D) and…

Negligence Essay

Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go through all the elements. Additionally, note that under the doctrine of respondeat superior the bank WILL be liable for any potential negligence of the janitor employee)? What defenses…

Duty of Care

Introduction This unit will look at the importance of ‘Duty of Care’ within the health and social care area. It will aid in helping to identify standards of care required by carers and the actions needed to be implemented in order to maintain high quality care. The courts have identified what standards of care a person can expect from those providing it: i.e. what a ‘reasonable person would think is reasonable’ in the circumstance. In English Tort law a duty of care (or depict in Scots law) is a legal obligation imposed on the person requiring that they adhere to a standard of reasonable care whilst performing any acts that could foreseeably harm others. It requires that everything reasonably practicable…

Contracts and Negligence Assignment

Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract…

BugUSA, Inc. – Case Scenario

This scenario presents the case of BugUSA, Inc.; as a team, we endeavor to address the legal ramifications of each company’s activities. BugUSA, Inc. has legal rights to intellectual property protection, and this paper explores the options available within that realm. WIRETAP, Inc. will face civil liability claims if caught in its underhanded measures, and possibly a civil RICO suit; BugUSA’s security guard Walter, however, has also created a case against its own interests. When another company owns the rights to a web domain that suits BugUSA’s needs, it faces the challenge of how to acquire the domain with as little hassle and as much protection as possible. A robbed vendor may present new tort liabilities for BugUSA, and we…

The Test of Remoteness

The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims. The test for remoteness was for some time considered to be that laid down in Re Polemis and Furness, Withy & Co. Ltd where it was held that all harm…

The Parties – Alex Johnson vs. Bethlehem Ice Solutions

Opening Argument Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm. Key Facts of the Case Alex was injured on the slopes at Bethlehem Ice Solutions…

Carol and Gary Allen

Basic Facts of the Case: The plaintiffs, Carol and Gary allege that on September 13, 1998, Carol Allen was injured while participating in a recreational softball game, while she was running to first base. She was hit in the head by the shortstop of the opposing team. This game was an adult and slow pitch softball tournament. The teams that were playing in this tournament were part of the Dover Co-Recreational Softball League, (league) and were sponsored by the Amateur Softball Association Inc. (ASA). The games were played on a softball field that was owned by defendant Martel-Roberge American Legion Post #47 (American Legion). The teams were sponsored by defendant Daniel’s Sports Bar and Grill (Daniel’s) and defendant Thompson Imports…

Trespass to person

In this essay, I will start of by discussing what is the meaning of trespass to persons and three type of trespass, which are assault, battery and false imprisonment. These three types of trespass to person must have a few of elements in order to establish. Therefore I will explain the elements and emphasis on intention of each trespass to person. Besides, I will give cases and examples for easy understanding. After that, I will discuss whether intention still important nowadays and whether intention necessary to establish the tort of trespass to persons? Lastly I will conclude the essay with my own opinion. Trespass to persons means that there is an intentional act that interfere the plaintiff’s person or his…

Courseware assignment

Dan, Joey and Mike are teenagers out for a walk on Longmeadow Lane when they spot a bright and inviting Halloween display on the Jones’ property. Without meaning to damage anything, they decide to walk across the lawn to get a closer look. Unknown to them, there is a faulty electrical connection on one of the jack-o-lanterns. Mr. Jones had intended to repair the wiring but he didn’t get around to it before installing the display. In addition, there are a few groundhog holes on the front lawn that Mr. Jones knows about but never worried about because he knows where each one is. As the three teens stealthily creep across the yard toward the lit up decorations, Joey steps…

Gansz V. Alton Haunted House

The case of Gansz V. Alton Haunted House originated when a girl tripped while running from an individual with a loud motor driven chainsaw at a haunted house in Alton, Illinois on October 29, 2011 (Faces of Lawsuit Abuse, 2013). The girl’s father, Terry Gansz, claims the haunted house tour included a section where patrons were directed through a passage leading to a ramp with an entry to the rear of the haunted bus. American Legion is being blamed for the design of the haunted house making it difficult for patrons to exit the attraction (Madison Record, 2013). Arguing that the plaintiff voluntarily assumed the risks of the haunted house, the defendants claim they are not at fault and should…

Multiple types of laws

During last week’s session multiple types of laws were introduced and their differences were discussed. One of the types of laws that were discussed were civil laws. Civil laws were created to “compensate parties and businesses for losses as a result of another’s conduct” (Melvin, 2011). This means that these laws were created for certain types of conduct against another party to be handled civilly between them. For any type of offense that is handled civilly, the defendant will need to repay the plaintiff for any loss suffered. Another type of law is criminal law. Criminal laws “are a protection of society and the violation of criminal laws results in penalties to the violator such as fines or imprisonment” (Melvin,…

Hilift Pty Ltd

Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators, Elwyn and Osman, who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May, Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the company who does repairs and maintenance work on the crane, EFL Engineering, and asks for an engineer to be sent out immediately. EFL says that no-one is available for two hours. The manager of Hilift…

Aspects Of Contract

Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract, there must be an acceptance of the offer as noted above. Until the offer is accepted, both parties have not assented to the terms and, therefore, there is no mutual assent. Offeree in a manner invited or required by the offer. Whether an offer has been accepted is a question of fact. The effect of…

Katko V. Briney Tort Case

Katko v. Briney was a battery tort case that occurred in Iowa in 1971. The plaintiff, Marvin Katko was illegally infringing on private farmland and entered a farmhouse with signs warning “No Trespassing”. This farmhouse had been victim to several past burglaries and the owner, defendant Edward Briney wanted to take this issue up on himself. Briney installed a homemade trap composing of his 20 gauge spring-loaded shotgun to a bedroom door. Whoever was to open the booby-trapped door, would be shot in the legs, avoiding any fatal consequences. Marvin Katko illegally trespassed the farmhouse with the intention of collecting bottles and antiques from the house. Katko regretfully opened the trapdoor, injuring himself and needed to be hospitalized. Katko sued…

BUGusa Inc. & WIRETIME Inc. Scenarios

BUGusa Inc. is based in any state USA. The company provides critical software technology that allows eaves dropping, sound collection and more to law enforcement agencies throughout the states and federal government within the United States of America. BUGusa Inc. is looking to expand its services, expertise and software at an international level. In the course of their operations there have been some questionable behaviors concerning internal and external factors that are affecting the flow of operations and in some cases, this behavior may cause serious issues with the integrity of the software and its security. WIRETIME Inc. is a fairly new company competing against BUGusa Inc. That seeks to gain information on BUGusa Inc. by infiltrating its workforce and…

Tarasoff v. Regents of The University of California

Brief Fact Summary. Tatiana Tarasoff’s parents (Plaintiffs) asserted that the four psychiatrists at Cowell Memorial Hospital of the University of California had a duty to warn them or their daughter of threats made by their patient, Prosenjit Poddar. The Superior Court of Alameda County (California) dismissed Plaintiffs’ action (sustaining a demurrer to Defendant’s second amended complaint) for failure to state a valid claim against the therapists, police, and the Regents of University of California (Defendants). Plaintiffs sought review. Synopsis of Rule of Law. A defendant owes a duty of care to all persons who are foreseeably endangered by his conduct, with respect to all risks that make the conduct unreasonably dangerous. When the avoidance of foreseeable harm requires a defendant…

L Shaddock & Associates

I’ll be presenting the case: L Shaddock & Associates case v Parramatta City Council. First, I’ll provide a brief summary of situation that resulted in the court case, followed by the case itself, which brings up issues of duty of care and negligent mis-statement, and concluding with the judgement that was passed. The CASE: Shaddock proposed to purchase a property for the purpose of redevelopment. A telephone inquiry made by Mr Carroll, Shaddock’s solicitor, as to whether there was any local road widening proposal, was answered in negative. A written application lodged with the Council, for various certificates, AND an request for an indication of any such proposal, returned with no reference made, so Shaddock entered into a contract to…

IRAC Assignment

Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups. At school, Li was placed in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will accuse Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an unreasonable amount of time, and being put in the cage with the other foreign born students from her class will show emotional distress. Negligence Li will attempt to prove the four elements of negligence against Mr. Billups for his previously stated actions. The elements required are duty of care, failure to protect from harm, cause…