Tort Essay Topics

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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…. View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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,… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article

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… View Article