WEEK 2 INTENTIONAL TORTS TO THE PERSON
... –Bernstein of Leigh v Skyways & General Ltd –Kelson v Imperial Tobacco ...
... –Bernstein of Leigh v Skyways & General Ltd –Kelson v Imperial Tobacco ...
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 ...
torts - NYU School of Law
... 1. Scott v. Shepherd 96 Eng. Rep. 525 (K.B. 1773) (p. 93) (D liable when threw fireworks into a market that was tossed from booth to booth till it blew up P’s booth.) Court said if D acts with intent of wanton mischief, D is responsible for whatever mischief results. b. Forms began breaking down (w ...
... 1. Scott v. Shepherd 96 Eng. Rep. 525 (K.B. 1773) (p. 93) (D liable when threw fireworks into a market that was tossed from booth to booth till it blew up P’s booth.) Court said if D acts with intent of wanton mischief, D is responsible for whatever mischief results. b. Forms began breaking down (w ...
Writing_sample_01
... plaintiff. Town of Cicero appealed. The issue on the appeal was whether Beverly was an intended and permitted user of the alley, which would constitute defendant's liability for plaintiff's injuries. The Local Governmental Employees Tort Immunity Act 745 ILCS 10/3-102(a) provides: " A local public e ...
... plaintiff. Town of Cicero appealed. The issue on the appeal was whether Beverly was an intended and permitted user of the alley, which would constitute defendant's liability for plaintiff's injuries. The Local Governmental Employees Tort Immunity Act 745 ILCS 10/3-102(a) provides: " A local public e ...
4. Intentionality, harm and offense, tort remedies
... • Holding: The case is really about damages, there is no question of liability. Trial court jury gave $1000 for compensatory, appellate cuts that down to $500; the trial court also gave $5000 for punitive damages, the appellate cuts that down to $2000. Compensatory damages cover actual harm to plain ...
... • Holding: The case is really about damages, there is no question of liability. Trial court jury gave $1000 for compensatory, appellate cuts that down to $500; the trial court also gave $5000 for punitive damages, the appellate cuts that down to $2000. Compensatory damages cover actual harm to plain ...
Self-Defense by Force Threatening Death or
... iii. Intentional destruction or other damage to its physical condition is liable for conversion. Defendant used the plaintiff’s object in a way that interfered with the plaintiff’s right to the use of his goods. iv. In a suit for replevin, the plaintiff DOES WANT the property returned. Replevin and ...
... iii. Intentional destruction or other damage to its physical condition is liable for conversion. Defendant used the plaintiff’s object in a way that interfered with the plaintiff’s right to the use of his goods. iv. In a suit for replevin, the plaintiff DOES WANT the property returned. Replevin and ...
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 ...
Goldberg
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
Duty of a Railway Company to Care for a Person It Has without Fault
... Trespassers are the third class of persons we have to consider. The duty of active benevolence toward them cannot be made to depend upon the relation between the parties, because the only relation between the owners of a railway and trespassers on its property is that of fellow human beings. If the ...
... Trespassers are the third class of persons we have to consider. The duty of active benevolence toward them cannot be made to depend upon the relation between the parties, because the only relation between the owners of a railway and trespassers on its property is that of fellow human beings. If the ...
Torts Outline - Washington University School of Law
... Admirals. It has to do with liability on navigable waters. There is no jury, decided by board, and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admira ...
... Admirals. It has to do with liability on navigable waters. There is no jury, decided by board, and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admira ...
intentional torts - NYU School of Law
... iii. must be aware of the confinement (but the circuits are split on this) b. requires complete confinement—“three walls do not a prison make.” i. Bird v Jones. (England 1845) who wanted to use public hiway, which was blocked off bc of boating contest, couldn’t claim F.I. because there were alte ...
... iii. must be aware of the confinement (but the circuits are split on this) b. requires complete confinement—“three walls do not a prison make.” i. Bird v Jones. (England 1845) who wanted to use public hiway, which was blocked off bc of boating contest, couldn’t claim F.I. because there were alte ...
Legal terms
... Again, the question of whether or not I have breached my duty of care has been decided by an objective test. What would an ordinary, reasonable person do under the same circumstances? Finally, in order to firmly __negligence, the claimant must demonstrate that the negligent act of the defendant was ...
... Again, the question of whether or not I have breached my duty of care has been decided by an objective test. What would an ordinary, reasonable person do under the same circumstances? Finally, in order to firmly __negligence, the claimant must demonstrate that the negligent act of the defendant was ...
Medication Errors
... may differ in a large city and a small town. ii) Specialists-Held to the national standard. iii) Civil and Criminal Statutes-If there is a specific civil liability statute on point, the pharmacist is subject to that penalty. Usually only a criminal statute applies, and it is less clear. ...
... may differ in a large city and a small town. ii) Specialists-Held to the national standard. iii) Civil and Criminal Statutes-If there is a specific civil liability statute on point, the pharmacist is subject to that penalty. Usually only a criminal statute applies, and it is less clear. ...
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 ...
Virginia Practice Series: Tort and Personal Injury Law
... relevant in a legal malpractice action, because a legal malpractice plaintiffs damages for a lost claim can only be measured by the amount that could have actually been collected from the underlying defendant in the absence of the attorney's negligence. On this issue, the Court held that the plainti ...
... relevant in a legal malpractice action, because a legal malpractice plaintiffs damages for a lost claim can only be measured by the amount that could have actually been collected from the underlying defendant in the absence of the attorney's negligence. On this issue, the Court held that the plainti ...
torts - GW SBA
... person who was visibly intoxicated in the host’s presence under circumstances manifesting reckless disregard of the consequences. Dram Shop Acts: Imposes civil liability on commercial establishments that serve alcohol to intoxicated guests. Rule in most states. Bar has a duty because they are receiv ...
... person who was visibly intoxicated in the host’s presence under circumstances manifesting reckless disregard of the consequences. Dram Shop Acts: Imposes civil liability on commercial establishments that serve alcohol to intoxicated guests. Rule in most states. Bar has a duty because they are receiv ...
- LSS | Cans DB
... Stevenson, who is the producer of the drink, is responsible, should compensate her for the harm caused. Donoghue tries to sue Stevenson who owed a duty of reasonable care that the ginger beer he produced and marketed did not contain substances that could cause consumers harm. There are contractual d ...
... Stevenson, who is the producer of the drink, is responsible, should compensate her for the harm caused. Donoghue tries to sue Stevenson who owed a duty of reasonable care that the ginger beer he produced and marketed did not contain substances that could cause consumers harm. There are contractual d ...
View - American University Washington College of Law
... RULE OF LAW: “A sudden mental incapacity equivalent in its effect to such physical causes as a sudden heart attack, epileptic seizure, stroke, or fainting should be treated alike and not under the general rule of insanity.” When dealing with mental illness, the court applies a subjective standard wh ...
... RULE OF LAW: “A sudden mental incapacity equivalent in its effect to such physical causes as a sudden heart attack, epileptic seizure, stroke, or fainting should be treated alike and not under the general rule of insanity.” When dealing with mental illness, the court applies a subjective standard wh ...
File - Marie Hoffman
... Name four damages in tort. Briefly describe each. Special damages – those damages awarded in tort for economic loss. There is an objective basis to determine them. (lost wages) General damages – those damages award in tort for noneconomic loss. These are very subjective (loss of pleasures of life). ...
... Name four damages in tort. Briefly describe each. Special damages – those damages awarded in tort for economic loss. There is an objective basis to determine them. (lost wages) General damages – those damages award in tort for noneconomic loss. These are very subjective (loss of pleasures of life). ...
User_11251922017moaiadgutahAssignment1
... Question 10: Distinguish between specific performance and injunction. Explain the restrictions on their availability. Specific performance is a court order that requires a party that breached a contract to fulfill some previously stated obligations. For instance, if two people agreed to sell a piec ...
... Question 10: Distinguish between specific performance and injunction. Explain the restrictions on their availability. Specific performance is a court order that requires a party that breached a contract to fulfill some previously stated obligations. For instance, if two people agreed to sell a piec ...
Levinson - NYU School of Law
... 2. Or printer contracting w/ electric company for power rather than suing contractor who damaged the power line - Byrd v. English ii. Sometimes recast as extending Hadley outside of privity of contract – Evra 1. Easier to see in bilateral cases a. Can sue in tort for design defect but economic loss ...
... 2. Or printer contracting w/ electric company for power rather than suing contractor who damaged the power line - Byrd v. English ii. Sometimes recast as extending Hadley outside of privity of contract – Evra 1. Easier to see in bilateral cases a. Can sue in tort for design defect but economic loss ...
The Exclusionary Rule and Entrapment
... crucial question is “whether police conduct revealed in the particular case falls below standards to which common feelings respond, for the proper use of governmental power” followed by the Model Penal Code and a minority of states ...
... crucial question is “whether police conduct revealed in the particular case falls below standards to which common feelings respond, for the proper use of governmental power” followed by the Model Penal Code and a minority of states ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... 1. No need for retreat if you have an option of limited force that won’t cause serious injury 2. Must try to retreat if only self defense is serious force a. No need to retreat if you will place yourself in harm’s way 3. No need to retreat if inside your own home - If threat ends and you continue to ...
... 1. No need for retreat if you have an option of limited force that won’t cause serious injury 2. Must try to retreat if only self defense is serious force a. No need to retreat if you will place yourself in harm’s way 3. No need to retreat if inside your own home - If threat ends and you continue to ...
Negligence
Negligence (Lat. negligentia, from neglegere, to neglect, literally ""not to pick up something"") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M. Feinman of the Rutgers University School of Law; The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people.""""Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision.""Through civil litigation, if an injured person proves that another person acted negligently to cause their injury, they can recover damages to compensate for their harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proven in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases.