4. Intentionality, harm and offense, tort remedies
... and the “busy DA” (contra the Fisher dissent’s implication that punishment MUST be correlated with criminal activity). Private attorney general rationale. AGAINST punitive damages: That’s what criminal system and the regular compensatory regime is for There isn’t as much protection for defenda ...
... and the “busy DA” (contra the Fisher dissent’s implication that punishment MUST be correlated with criminal activity). Private attorney general rationale. AGAINST punitive damages: That’s what criminal system and the regular compensatory regime is for There isn’t as much protection for defenda ...
Duty of a Railway Company to Care for a Person It Has without Fault
... care of the servant as the existing circumstances will permit." Thus in the case of an employee as in that of a passenger, the duty to minister with due care to the necessities of the injured person, does not arise because the company assumed the burden of caring for him, but rather because the rela ...
... care of the servant as the existing circumstances will permit." Thus in the case of an employee as in that of a passenger, the duty to minister with due care to the necessities of the injured person, does not arise because the company assumed the burden of caring for him, but rather because the rela ...
torts - NYU School of Law
... c. Willfully and without justification doing an act calculated to cause grave effect is actionable. i. Wilkinson v. Downton 2 Q.B. 57 (1897) (p. 72):(D found liable when told P her husband was seriously injured in an accident and P suffered a violent emotional and physical shock, with injury.) ...
... c. Willfully and without justification doing an act calculated to cause grave effect is actionable. i. Wilkinson v. Downton 2 Q.B. 57 (1897) (p. 72):(D found liable when told P her husband was seriously injured in an accident and P suffered a violent emotional and physical shock, with injury.) ...
January 16, 2007
... • In addition to the three (3) components requiring proof in the intentional torts - identification, causation and damage - two further components are required. A plaintiff ("injured party") must also show that • a "standard of care" is owed and • that this "standard" was breached. This second requi ...
... • In addition to the three (3) components requiring proof in the intentional torts - identification, causation and damage - two further components are required. A plaintiff ("injured party") must also show that • a "standard of care" is owed and • that this "standard" was breached. This second requi ...
TORTS(2) - Ole Miss LSSB
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
Legal terms
... others in every situation in life. Let’s say that person A harms person B in some way. Is person B entitled to what lawyers call____? It is certainly not automatic that person B can make a claim against person A according to the law of tort. It depends on the type of harm that has been caused and un ...
... others in every situation in life. Let’s say that person A harms person B in some way. Is person B entitled to what lawyers call____? It is certainly not automatic that person B can make a claim against person A according to the law of tort. It depends on the type of harm that has been caused and un ...
Levinson - NYU School of Law
... b. Pain and suffering is “dubiously compensatory” and should be thought of as “symbolic recognition” i. But why is money used to recognize a wrong? 5. Anchoring the jury a. Some cases hold you can suggest a damage calculation to the jury - Debus v. Grand Union b. Others worry it is too prejudicial – ...
... b. Pain and suffering is “dubiously compensatory” and should be thought of as “symbolic recognition” i. But why is money used to recognize a wrong? 5. Anchoring the jury a. Some cases hold you can suggest a damage calculation to the jury - Debus v. Grand Union b. Others worry it is too prejudicial – ...
Sheila Boston - American Bar Association
... Honoree-Change Agent in Law; she was also recognized by Savoy Magazine in 2015 as one of the nation’s Most Influential Black Lawyers and has been selected by The Network Journal as one of its “25 Influential Black Women in Business” honorees for 2016. Most recently New York Governor Andrew Cuomo app ...
... Honoree-Change Agent in Law; she was also recognized by Savoy Magazine in 2015 as one of the nation’s Most Influential Black Lawyers and has been selected by The Network Journal as one of its “25 Influential Black Women in Business” honorees for 2016. Most recently New York Governor Andrew Cuomo app ...
File - Marie Hoffman
... Anticipatory - when a party announces refusal to perform in advance of obligation to do so Material – when performance is less than substantial ...
... Anticipatory - when a party announces refusal to perform in advance of obligation to do so Material – when performance is less than substantial ...
here
... a. Prudent Person - The standard of reasonable care applies to all negligence actions, i.e., the reasonable person must exercise care in proportion to the danger involved in his act, and that he or she must exercise such care not only for his own safety and the protection of his property but also to ...
... a. Prudent Person - The standard of reasonable care applies to all negligence actions, i.e., the reasonable person must exercise care in proportion to the danger involved in his act, and that he or she must exercise such care not only for his own safety and the protection of his property but also to ...
notes95
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
... Who is an employee? A term used by parties to describe their relationship is not definitive in nature and a court must decide as a matter of law: Narich v Commissioner of Pay-roll Tax (1983). A prominent factor in determining the nature of the relationship is the degree of control which the employer ...
WEEK 2 INTENTIONAL TORTS TO THE PERSON
... impossible for the appellants to leave by the most direct route without permission. However, there was an alternative route available through the bush for exit purposes. There was also evidence that the protesters were anxious to remain at the site during the duration of the picket The Victorian Cou ...
... impossible for the appellants to leave by the most direct route without permission. However, there was an alternative route available through the bush for exit purposes. There was also evidence that the protesters were anxious to remain at the site during the duration of the picket The Victorian Cou ...
Damages - NYU School of Law
... causation issue often arises in cases of illness. Problem: statistics can’t prove causation in a specific case. If defendant’s action caused an 80% increase in the chance of getting typhoid in a given area, should defendant pay full damages to everyone who gets typhoid, pay damages to nobody, or pay ...
... causation issue often arises in cases of illness. Problem: statistics can’t prove causation in a specific case. If defendant’s action caused an 80% increase in the chance of getting typhoid in a given area, should defendant pay full damages to everyone who gets typhoid, pay damages to nobody, or pay ...
Law-140-Torts-Sutherland-by-Plonka-brief-term-2
... Shipbuilding [SCC 1997]: P got D to build an oil rig. Negligent wiring caused electrical fire, fucking over rig for months. D wants (and gets) compensation for this, but third parties fucked. Relational econ loss only recoverable in certain circumstances, incl. a) Claimant has proprietary interest i ...
... Shipbuilding [SCC 1997]: P got D to build an oil rig. Negligent wiring caused electrical fire, fucking over rig for months. D wants (and gets) compensation for this, but third parties fucked. Relational econ loss only recoverable in certain circumstances, incl. a) Claimant has proprietary interest i ...
- UVic LSS
... test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer injury” Foundation of the law of negligence: the Neighbour principle from Donoghue v Stevenson. One’s legal duty ex ...
... test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer injury” Foundation of the law of negligence: the Neighbour principle from Donoghue v Stevenson. One’s legal duty ex ...
Chapter 19 -
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
Torts Outline - UChicago BLSA
... intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. ...
... intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. ...
Torts Outline - Blogs @ Widener Law
... iii. Duties to protect P from another. iv. Employer’s liability for employee’s negligence. Duty i. Whether a duty is owed and the nature of the duty owed. Define duty, define scope of liability. ii. General Duty: act as a reasonably prudent person acting under the same or similar circumstances (RPPS ...
... iii. Duties to protect P from another. iv. Employer’s liability for employee’s negligence. Duty i. Whether a duty is owed and the nature of the duty owed. Define duty, define scope of liability. ii. General Duty: act as a reasonably prudent person acting under the same or similar circumstances (RPPS ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... 2. Complete privilege - no need to pay damages even if it was unnecessary as long as reasonable at time - Private necessity - protecting private personal property by injuring another’s property deemed less valuable: 1. Landowner may not refuse entry to someone protecting private interest or he becom ...
... 2. Complete privilege - no need to pay damages even if it was unnecessary as long as reasonable at time - Private necessity - protecting private personal property by injuring another’s property deemed less valuable: 1. Landowner may not refuse entry to someone protecting private interest or he becom ...
Manaster Torts Outline
... d. P entitled to collect from either or both of the Ds, up to but not exceeding the amount of the judgment e. Some states have gotten rid of this f. Public policy support: i. Maximizes likelihood that P will get 100% compensation ii. P will get compensation much quicker (burden put on single D, who ...
... d. P entitled to collect from either or both of the Ds, up to but not exceeding the amount of the judgment e. Some states have gotten rid of this f. Public policy support: i. Maximizes likelihood that P will get 100% compensation ii. P will get compensation much quicker (burden put on single D, who ...
negligence: the employer`s duties
... Kondis was Ds employee and injured by the negligence of an employee of an independent contractor. D cannot be held vicariously liable for the nelgligence of the employee because he was not Ds employee. D was nevertheless liable because it was in breach of its duty on the basis that it was a no ...
... Kondis was Ds employee and injured by the negligence of an employee of an independent contractor. D cannot be held vicariously liable for the nelgligence of the employee because he was not Ds employee. D was nevertheless liable because it was in breach of its duty on the basis that it was a no ...
Word - Washington University School of Law
... Case of factual uncertainty but negligence anyways. Either prima facie case or rebuttable inference (usually prima facie – so not a sure thing, but absent compelling arguments good to go). Byrne v. Boadle: falling flour barrel a. Reminder: must be very careful to apply, does not apply to all cases w ...
... Case of factual uncertainty but negligence anyways. Either prima facie case or rebuttable inference (usually prima facie – so not a sure thing, but absent compelling arguments good to go). Byrne v. Boadle: falling flour barrel a. Reminder: must be very careful to apply, does not apply to all cases w ...
Recent work by Hanoch Sheinman (2013
... It is sometimes said that corrective justice is more important to the normative foundation of tort law than distributive justice. This paper argues that tort law's distributive justice is corrective justice. It offers an account of the Aristotelian distinction in which corrective justice is a distin ...
... It is sometimes said that corrective justice is more important to the normative foundation of tort law than distributive justice. This paper argues that tort law's distributive justice is corrective justice. It offers an account of the Aristotelian distinction in which corrective justice is a distin ...
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case. A tort is not enforced by the police, and it is a civil action taken by one citizen against another, and tried in a court in front of a judge (only rarely, in certain cases of defamation, with a jury). Tort derives from middle English for ""injury"", from Anglo-French, from Medieval Latin tortum, from Latin, neuter of tortus ""twisted"", from past participle of torquēre.