limitations) 5. Survival action: an action the decedent had before his death that is brought by his executor/administrator on behalf of the estate 6. Felony-Merger Doctrine: CL does not allow recovery for an act that was both a tort and a felony‚ but it is allowed under modern US law 2. Selders v. Armentrout a. Facts: 3 minor children killed in a car accident b/c of D’s negligence b. Issue: How should damages for wrongful death be calculated? c. Damages i. Traditional Rule: Pecuniary losses(money
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials‚ written by Roger LeRoy Miller and Gaylord A. Jentz. As read in the case‚ “Kim went to Ling ’s Market to pick up a few items for dinner. It was a rainy‚ windy day‚ and the wind had blown water through the door of Ling ’s Market each time the door opened. As Kim entered through the door‚ she slipped
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Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
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Question 5 a) Advice Daud whether he would likely to succeed in taking legal action against Mangosteen and Nosey. The issue is whether Daud Beckam can take legal action against Mangosteen and Nosey for defamation. Defamation according to Lord Atkin in the case of Sim v Stretch is a statement untrue whether oral or written‚ temporary or permanent‚ which injures the reputation of another by exposing him to hatred‚ contempt‚ or ridicule‚ or which tends to lower him in the right thinking member
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MEMORANDUM SUBJECT: Andrew‚ personal injury‚ mental injury‚ accident compensation‚ common law action FACTS: A is a cleaner employed by the University of Ewewhon. He nicks a finger on a broken test tube on the floor of a laboratory. A small spot of blood forms. He is assured the test tube was clean. A becomes extremely fearful that the glass might have been contaminated and that he might contract a serious illness. 1.0 ISSUE: Application of the Accident Compensation Act 2001 Assuming A is
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application of English Law in our legal system. English Law is part of Malaysian law. The definition of law in Article 160 of the Federal Constitution includes ‘the common law in so far as it is in operation in the Federation or any part thereof’. That qualification concerns the extent to which English Law is applicable in Malaysia. First‚ we will discuss on the meaning of ‘sources’. Historical sources is the factor which influenced the development of law in religious and custom. Law can be found through
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according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek‚ pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible‚ or “liable‚” for those injuries. According to the case‚ Prudence’s physical integrity was harmed
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