2. Explain the concept of “Foreseeability”. Foreseeability is primarily a question of the extent to which something is predictable or will occur. The emphasis here is on the extent to which something can be known beforehand. Foreseeability is a reasonable anticipation of the possible results of an action if one is negligent or breached a contract. Foreseeability thus involves making sure one guards against that which happenstance is under probability. The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct.
5. Fully describe (2) Intentional Torts An intentional tort is a tort that is done on purpose or deliberately. It is an unjustified act that causes trauma or harm to someone else. For a tort to be intentional, the person perpetrating the tort must know to a certain degree that it would result in harm. Below are two Intentional Torts:
False Imprisonment: This involves deliberately confining another person from moving freely in an unlawful way. It can also be described as the restraining in an unlawful way of someone against his/her will with the intent of committing a harm. This harm can either be physical or psychological injury or even damage to property. One can only seek for a remedy from the court of law when there is no legal reason for the imprisonment.
Defamation: This is when someone says something false about someone else, to another
Intentional Torts are defined as “voluntary acts that harm a protected interest” (McAdams, 2015, p. 279). The voluntary act must be found to be an intended act, done on purpose, even though the harm done by the act may not have been intended; however, the victim or plaintiff does not need to prove that the harm done was intended (p.279). In this particular case, was there an intentional act done by the airlines or pilot, which in turn caused injury to the plaintiff?
There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).
o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer.
ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.
Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were”(National Paralegal College, 2017).
Art and Bill were leaving work one afternoon when they were approached by Charlie, who was
1.) Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Issue: The issue here is whether Farmer could prevail in court by filing a claim for damages against Pilot, based on the provisions of intentional tort law, and the five original intentional torts of 1.) Assault, 2.) Battery, 3.) Trespass to Land, 4.) Trespass to Chattel, and 5.) False Imprisonment.
The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party.
An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.
An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme.
The intent is acting with a purpose or having knowledge that the act in question can cause injury or harm to another person. Acting requires a person to perform an act that results in harm or injury to another. Actual Cause requires
The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.
'Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there must be legal proximity, i.e. a legal relationship between the parties from which the law will attribute a duty of care.
Foreseeability' means whether a theoretical logical person' would have foreseen damage in the circumstances. Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there must be legal proximity, for instance a legal connection between the parties from which the law will attribute a duty of care. Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable.
The rule of foreseeability generally defines that when one party breaches the contract and causes the damages, the breaching party is liable to compensate to the injured party in a foreseeable scope of losses . Specifically, an injured party only can ask for damages which are naturally caused by the breach or may be deduced in tacit consent by the parties at the making contract time. This rule derives from a classic case: Hadley