... In case of negligence the following must be
1. Defendant had a duty of care to the plaintiff
2. The action/harm was foreseeable (reasonably
expected to occur)
3. That the defendants actions or inactions
caused the damage
... precise, not common law. The common law (that is a term of art,
by the way) is judge-made law, based on what judges have written
going back to jolly old England and the Magna Carta. DJs did
exist long before the enactment of 28 USC 2201 in 1934, but only
in courts of equity, which were not courts of ...
- UVic LSS
... - Conduct that falls below the standard
- About defendant’s fault which is
- Bal risk of harm v. utility of D’s actions
- If you have done the wrong, you should
pay the cost (plaintiff compensated)
- There is a limit and control devises:
o (1) Duty of care, (2) Remoteness
- 3 K ...
... that describes a civil wrong resulting from
an intentional act on the part of the
I - E
... fires started. Combined fires burn Π’s
house and Π sues both. If we use but4 test,
both ∆s will argue that even if I put out
fire, other ∆’s fire would burn the house. In
this case, we use the substantial factor
test. Just ask: did each of the ∆s contribute
to the injury in a significant way and if ...
civil law - hrsbstaff.ednet.ns.ca
... Court can order plaintiff to provide
security for a defendant’s legal costs
Plaintiffs are required to post security to
ensure that court costs will be covered or
to deter frivolous lawsuits
Security is usually ordered when the
plaintiff does not live or own property in
... for which Anne will be vicariously liable, the extent of the damage for which
Anne could be held liable is determined by the remoteness of damage test
as set out in The Wagon Mound (No 1) . Here, it would seem unlikely
that Anne could have been expected to foresee Cam’s illness. However, the
Crime - SFP Online!
... Writ of Execution – used if the defendant does not pay damages;
the process by which a judgment for money is enforced; the court
directs the defendant’s property seized or sold to pay the judgment
... impose a penalty upon someone for doing an act
prohibited by law. In a civil case, it is a private individual
seeking a remedy in the form of damages (money) or a
court order that someone do a specific thing or refrain
from doing a specific thing. The goal of each case is
different and the rules tha ...
English for Law 1
... In civil lawsuits, if the injured party wins, damages are ..................... to the
claimant for the damage ..................... .
If a contract is to be made, ..................... agreement is necessary.
A contract which can be set aside by the court at the initiative of one of the
parties the ...
GENERAL ELEMENTS FOR TRESPASS TRESSPASS TO PERSON
... § Consent may be given expressly by words or be implied from conduct (e.g. a medical emergency).
§ A person is deemed to consent to a reasonable degree of physical contact as a result of social interaction (see Collins v
• Other considerations
§ Intention is irrelevant. Must the act be ...
Affidavit A written statement, the truth of which is sworn to before
... The process of moving a lawsuit that was filed in a state court system into the federal judicial system.
The process of notifying a party that legal action has been taken against them, either at the initiation of litigation or during
litigation, and delivering to them in a particular manner ...
Specimen Complaint for Slander of Title – Tort Seeking Monetary
... 1. Plaintiff resides at 3 Elm Street, Utopia, MA.
2. Defendant resides at 7 Maple Avenue, Utopia, MA.
3. Plaintiff purchased a certain parcel of land together with the building and other
improvements thereon, now known as and numbered 3 on Elm Street in Utopia, Nulluslocus
County, Massachusetts (“th ...
... cause in casu since the liability arises from a contract of insurance. Alternatively,
that if such a compromise was entered into, then same was not entered into in error
by both parties who were not conversant with their respective rights in light of the
circumstances of the case. On the law governi ...
Word - Washington University School of Law
... reasonably, but must act unbelievably careful
1. Involuntary: someone takes your hand and hits someone
2. Plaintiff causation: plaintiff ran into path of firing gun
3. Inevitable action – court would have found in weaver if he
pleaded this, but not enough to say it was against my will.
c. Negli ...
... these kinds of accidents happen other ways than negligence.
iv. It cannot be said it was probably the defendant who was negligent because
7. Shared Fault
a. Plaintiff and Defendant
i. Exclusive control rule is subordinated to its general purpose, that of
indicating that it probably was defendant’s n ...
... An employer may also liable also for injuries resulting from the negligence of fellow employees (failure to
provide a safe system of work): Bus v. SCC (1989). In this case it may be vicarious or personal.
In such cases the employer and employee are joint tortfeasors: Darling Island Stevedoring v Lon ...
... a party would cause a reasonable person to come to the conclusion that the party did not intend to
or was unable to fulfill its contract. See Khatijabai Jiwa Hasham vs Zenab d/o Chandu Nansi
 EA. 7. My answer to the issue is therefore in the affirmative.
From the foregoing I find the defendant ...
... A reasonable person does not create or proceed in the face of “unreasonable” risk. To
avoid liability, a person must exercise the standard of care that would be expected of an
ordinary, reasonable, and prudent person in the same circumstances (Vaughn).
The measure of what is reasonable depends on th ...
Chapter 4 Auditing
... • Liability to Primary Beneficiaries
• Liability to Other Beneficiaries
– Foreseen Class
– Foreseeable Parties
South African law of delict
The South African law of delict engages primarily with ""the circumstances in which one person can claim compensation from another for harm that has been suffered."" JC Van der Walt and Rob Midgley define a delict ""in general terms [...] as a civil wrong,"" and more narrowly as ""wrongful and blameworthy conduct which causes harm to a person."" Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.The delictual inquiry ""is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict."" The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an injuria), the claim is made in terms of the actio injuriarum.