Basic Law (Tort)

A) The topic concerning this case is negligence law. The issue is whether Simon would be successful perusing a negligence claim.

There are six elements when committing a crime; corpus delicti, actus reus, mens rea, specific intent, general intent, and negligence. The first, Corpus delicti, is defined as "the body of crime” this is the material that substance a crime. The phrase corpus delicti means that before a person can be persecuted there must be concrete evidence that the crime was committed. The corpus delicti also helps to describe the evidence that proves that a crime has been committed.

ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence.

Trace the history or evolution of this liability through the court. In other words, discuss the relevant cases related to the liability issue and discuss precedent rulings and the current status of the issue.

Plaintiff claims false arrest, false imprisonment, malicious prosecution and assault. Per the Law Department abstract, officers, including Det. Hernandez were executing a search warrant. Officers entered the apartment and brought everyone inside the apartment into the living room including plaintiff and handcuffed. Everyone including plaintiff were searched. Officers recovered marijuana from separately apprehended Jeffrey McCaskill’s person. Plaintiff was transported to the precinct 48 pct. Plaintiff states officers removed her from the holding celling, assaulted by officers, and placed in shackles. Plaintiff allegedly bended Det. Moises Martinez left hand causing injury when he tried to place in shackles. Plaintiff was re-arrest for assault.

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.

Two individuals, the Baker brothers have been long-term employees of Bin Inc. a company earning $240,000 per year and the only company providing food to a chain of guesthouse. The Bakers each make $55,000 per year. The contract between Bin Inc. and the guesthouses was established in 1981 and is currently being renewed every three years on September 30 taking effect January 1 of the following year. Bin Inc. and the guesthouses agreed to have four deliveries per day so that guests are adequately provide for. The Bakers are aware that net profit from Bin Inc. catering operation average $240,000 per year. They also know that late arrivals have caused tension between the guesthouses and Bin Inc. a scenario that are contrary to the agreements between the parties. They have started their own food company (Bakers Inc.) and did not rule out service to the guesthouses. Since starting the company, the Bakers have been absent from Bin Inc. on a number of occasions without pay and this has contributed to the deteriorated service of Bin Inc. to the guesthouses. In addition, seven guests at the guesthouses suffered food poisoning after consuming the food (no fault of their own) on July 18, 2012 and approached the guesthouses who then informed Bin Inc. The tainted food can be traced to the work of Farknn Baker. The Bakers have conceded that Bin Inc. had a recent City inspection on July 10 and was given 15 days to improve sanitary conditions at their kitchen or face closure. Bin

Call of the Question___Discuss the potential “liability” of Teacher and of City Middle School, as well as any defenses each may raise.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Q #1 The factors I would consider in setting a just financial compensation for each of the victims are as follows:

The scenario is a horrendous string of coincidences that resulted in a tragedy. However, every party carries some responsibility for the eventual double amputation. This paper examines each of the parties, their possible liability and how that is covered by negligence law.

Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own