Bullying - University of Tasmania
... taken by other jurisdictions to address the problem of bullying and considers whether legislative reform in Tasmania is necessary to deal with bullying and options for possible reform. Part 1 is introductory; it includes the Terms of Reference and defines the scope of the Issues Paper. Part 2 discus ...
... taken by other jurisdictions to address the problem of bullying and considers whether legislative reform in Tasmania is necessary to deal with bullying and options for possible reform. Part 1 is introductory; it includes the Terms of Reference and defines the scope of the Issues Paper. Part 2 discus ...
torts - NYU School of Law
... -Facts: D had break-ins, which continued after posting “No trespass” sign. Set up shot gun trap aimed at legs - said he didn’t intend to injure. P broke in to steal & was permanently injured -Held: May use reasonable force to protect property, but not to do serious injury or death, even if it’s tres ...
... -Facts: D had break-ins, which continued after posting “No trespass” sign. Set up shot gun trap aimed at legs - said he didn’t intend to injure. P broke in to steal & was permanently injured -Held: May use reasonable force to protect property, but not to do serious injury or death, even if it’s tres ...
Pharmacists` Standard of Care in Negligence Law
... the traditional view, and decisions that expand the scope of pharmacist liability. Commentators argue that in both situations courts have failed to properly consider the practices and customs of the industry, and instead have imposed judicially created standards in determining whether to impose liab ...
... the traditional view, and decisions that expand the scope of pharmacist liability. Commentators argue that in both situations courts have failed to properly consider the practices and customs of the industry, and instead have imposed judicially created standards in determining whether to impose liab ...
26 January 2009
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
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 ...
Introduction - NYU School of Law
... intersection, Ψ was hit by the fumes from two city buses. i. Ct: Ψ failed to show intent (a necessary element). Dismissed. ii. Specific Target –In general, in battery, you can’t be liable if there’s not a particular person d. Offensiveness is Objective: Brzoska v. Olson – Ψ’s were patients of Δ dent ...
... intersection, Ψ was hit by the fumes from two city buses. i. Ct: Ψ failed to show intent (a necessary element). Dismissed. ii. Specific Target –In general, in battery, you can’t be liable if there’s not a particular person d. Offensiveness is Objective: Brzoska v. Olson – Ψ’s were patients of Δ dent ...
Goldberg
... 3. Posner/Calabresi: it’s really cheapest cost avoider. ..................................................12 4. Calabresi: when we say “duty” we talk about who’s in best position to control. .........12 5. Legal realism – “straddling”/borderline cases like this reveal judges’ true concern (use polic ...
... 3. Posner/Calabresi: it’s really cheapest cost avoider. ..................................................12 4. Calabresi: when we say “duty” we talk about who’s in best position to control. .........12 5. Legal realism – “straddling”/borderline cases like this reveal judges’ true concern (use polic ...
Torts - Free Law School Outlines
... b. Was: Joint-and-several liability (each D contributing to same harm liable for all of damages) i. Contribution – given 2 jointly-and-severally-liable Ds, 1 can demand contribution from the other in proportion to numerical share of common liability UNLESS intentional injury. ii. Indemnity: two peop ...
... b. Was: Joint-and-several liability (each D contributing to same harm liable for all of damages) i. Contribution – given 2 jointly-and-severally-liable Ds, 1 can demand contribution from the other in proportion to numerical share of common liability UNLESS intentional injury. ii. Indemnity: two peop ...
Self-Defense by Force Threatening Death or
... had another surgery at the same place, and was confronted by D (after the patient had taken pre-op medication) saying “I don’t like you”. P sued for outrageous behavior that caused her emotional harm. NO LIABILITY. Ruling: D’s insults and actions did not violate the bounds of decency. Greer v. Medde ...
... had another surgery at the same place, and was confronted by D (after the patient had taken pre-op medication) saying “I don’t like you”. P sued for outrageous behavior that caused her emotional harm. NO LIABILITY. Ruling: D’s insults and actions did not violate the bounds of decency. Greer v. Medde ...
View - American University Washington College of Law
... spotted cysts which could have been dangerous and which would have burst anyway in the course of removal of the appendix. The surgeon therefore burst the cysts himself. RULE OF LAW: “Where an internal operation is indicated, a surgeon may lawfully perform, and it is his duty to perform, such operati ...
... spotted cysts which could have been dangerous and which would have burst anyway in the course of removal of the appendix. The surgeon therefore burst the cysts himself. RULE OF LAW: “Where an internal operation is indicated, a surgeon may lawfully perform, and it is his duty to perform, such operati ...
4. Intentionality, harm and offense, tort remedies
... only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for product liability against the drug manufacturer. • Holding: The court says the D’s performed a battery when the ...
... only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for product liability against the drug manufacturer. • Holding: The court says the D’s performed a battery when the ...
Criminal Law Outline - Free Law School Outlines Professor Subject
... adults can make their own decisions (suggests no real duty of care between two adults who are competent to make their own choices) Proximate cause – actions happening between the act and the actual death o When P is helpless, then spouse has duty to help – physically helpless or mentally incompetent ...
... adults can make their own decisions (suggests no real duty of care between two adults who are competent to make their own choices) Proximate cause – actions happening between the act and the actual death o When P is helpless, then spouse has duty to help – physically helpless or mentally incompetent ...
torts - NYU School of Law
... Non-family members who were present and distress manifests in physical harm. Special cases Knowledge that someone is peculiarly susceptible to emotional distress can make an act extreme & outrageous that otherwise wouldn’t be. Recklessly failing to meet professional ethical standards, e.g., ...
... Non-family members who were present and distress manifests in physical harm. Special cases Knowledge that someone is peculiarly susceptible to emotional distress can make an act extreme & outrageous that otherwise wouldn’t be. Recklessly failing to meet professional ethical standards, e.g., ...
Torts Outline
... Intent: necessary intent is intent to contact the land. Protection of property more stringent than protection of body. Harm: doesn’t need to be shown Mistake (e.g. I thought the land was mine) is not a defense, although may help mitigate damages. Intangible trespass: Π must prove physical da ...
... Intent: necessary intent is intent to contact the land. Protection of property more stringent than protection of body. Harm: doesn’t need to be shown Mistake (e.g. I thought the land was mine) is not a defense, although may help mitigate damages. Intangible trespass: Π must prove physical da ...
torts - NYU School of Law
... trespass when he cut thorn bushes on his own property, they fell onto P’s, and D when on to P’s land to get them.) Scholars argue over whether this establishes theory of strict liability in tort. 2. Millen v. Fandryer, 79 Eng. Rep. 1259 (K.B. 1626) (p. 85): (D found not liable to damages to trespass ...
... trespass when he cut thorn bushes on his own property, they fell onto P’s, and D when on to P’s land to get them.) Scholars argue over whether this establishes theory of strict liability in tort. 2. Millen v. Fandryer, 79 Eng. Rep. 1259 (K.B. 1626) (p. 85): (D found not liable to damages to trespass ...
Criminal Law 1999 Generic Review
... B. PHYSICAL ACT ........................................................................................................................................ 2 1. Omission as an “Act” ......................................................................................................................... ...
... B. PHYSICAL ACT ........................................................................................................................................ 2 1. Omission as an “Act” ......................................................................................................................... ...
Damages - NYU School of Law
... recoverable in damages, the cost of negligence would be less to the tortfeasors and there would be more negligence…and hence higher social costs” *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaf ...
... recoverable in damages, the cost of negligence would be less to the tortfeasors and there would be more negligence…and hence higher social costs” *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaf ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... Disadvantages: can be time-consuming and costly, possible that accused will not be able to compensate financially, victim has to relive incident, evidence might be difficult, limitations periods exist (usually 2 years). Vicarious Liability: employers/churches/government (residential schools, many se ...
... Disadvantages: can be time-consuming and costly, possible that accused will not be able to compensate financially, victim has to relive incident, evidence might be difficult, limitations periods exist (usually 2 years). Vicarious Liability: employers/churches/government (residential schools, many se ...
102527 - Kansas Judicial Branch
... On appeal from his conviction, Sharp argued that by substituting the word "might" in the instruction for the word "may" as used to define the crime in K.S.A. 21-3608(a), the jury was given the improper legal standard to consider in determining whether the crime had been committed. A panel of this co ...
... On appeal from his conviction, Sharp argued that by substituting the word "might" in the instruction for the word "may" as used to define the crime in K.S.A. 21-3608(a), the jury was given the improper legal standard to consider in determining whether the crime had been committed. A panel of this co ...
Torts Outline - Washington University School of Law
... 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 (admiralty jurisdiction). Generally would have judges that were “sitting at admiralty” rather than “si ...
... 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 (admiralty jurisdiction). Generally would have judges that were “sitting at admiralty” rather than “si ...
The Communities That Make Standards of Care Possible
... winners to losers that the system creates.) Even though the application of King's axioms spreads sorrow through the citizenry, these principles continue to operate. Successful players in a political system, of which the American common-law negligence system is one, do not maintain their thriving pos ...
... winners to losers that the system creates.) Even though the application of King's axioms spreads sorrow through the citizenry, these principles continue to operate. Successful players in a political system, of which the American common-law negligence system is one, do not maintain their thriving pos ...
- LSS | Cans DB
... 2. Standard of care required 3. Causation (did the loss come due to breach of standard of care?) ...
... 2. Standard of care required 3. Causation (did the loss come due to breach of standard of care?) ...
torts - GW SBA
... Kline v. 1500 Mass. Ave. Apts. (n7 197): Landlord has a duty to make common areas safe Sharon P. v. Arman, Ltd. and Ann M. v. Pacific Plaza Shopping Center (handout): Commercial landlord has a duty to take reasonable steps to secure common areas against FOS criminal acts. ...
... Kline v. 1500 Mass. Ave. Apts. (n7 197): Landlord has a duty to make common areas safe Sharon P. v. Arman, Ltd. and Ann M. v. Pacific Plaza Shopping Center (handout): Commercial landlord has a duty to take reasonable steps to secure common areas against FOS criminal acts. ...
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 ...
negligence: the employer`s duties
... Common employment as a defence was legislatively abolished in the mid 20th century. The Employment Category The duty is owed through precedent, an established duty category. It is the content and scope of that duty which may be contentious. Traditionally the duty owed has been divided into ...
... Common employment as a defence was legislatively abolished in the mid 20th century. The Employment Category The duty is owed through precedent, an established duty category. It is the content and scope of that duty which may be contentious. Traditionally the duty owed has been divided into ...