Civil Liability Essay

Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim

The tort law section that falls into this case is negligence. Negligence is made up of three elements which determine negligence and duty of care is owed in this case State of Victoria v Bryar [1970] 44 ALJR 174.

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).

Public policing and private security both have a positive relationship with the criminal justice system but they are held to different standards. They use their resources to help work together when needed by sharing information, joint operations, networking, training and the development and promotion of state and federal legislation of mutual interest (Ortmeier, 2009).

There are few things in life that could be worse than loosing you child to such a horrible disease as leukemia. One can only imagine having such a tragedy repeat itself throughout you community time after time. To compound such tragedies, imagine being poisoned yourself and having to fight some of the largest local corporations to prove the truth and get it stopped. This is the community setting for Jonathan Harr's true-to-life legal thriller A Civil Action. The book was an award winner for "Best Seller" in 1995 and was named the 1995 National Book Critics Circle Award.

The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.

Fault can be defined as legal responsibility or blame for an offence or misdeed. It also refers to the mental state of the defendant. The basic principle is that a D should be able to contemplate the harm that his actions may cause and should therefore aim to avoid such actions.

The existence of security in the world brought happiness to mankind because men choose pleasure over pain (Ortmeier, 2008, p. 4.).However, without some measures of security man would not live in peace and the war of all against all (crime) would inundate the entire world. Public policing and private security have several distinct differences. Public policing is the ability to enforce the law and maintain order in society. Private securities are paid agencies that perform the protective and loss-prevention duties not handled by police officers. Equally

Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:

I do believe that he acted fairly. It make sense even if it feels unfair to people who know the whole truth. There would be no case if they could not prove that the contaminants had gotten into the water. I am not sure if the way he asked the jury was the most fair way. But in the end it makes sense to me why he did what he did. If the jury did not believe that the water was contaminated by thoses companies then there is no case for the families to fight. It makes sense that the judge did not want to have the family to go on the stand because what would that prove to the jury, if some of them do not believe that the water was contaminated. I can see how he would think that was a waste of time.

     The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.

Hiring police officers to perform private security work has positive aspects and potential pitfalls. Business owners vary in their opinion on hiring police officers. Liability and cost are reasons some prefer to hire private security guards or take other security measures. Other business owners prefer the training, professionalism, deterrence, and authority that come with hiring a police officer. Due to lawsuits involving off-duty police officers, the Courts have had to develop tests to determine when a moonlighting police officer is working under the authority of the private company or in the role of a peace officer. Issues have arisen about the

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

Contingent Liability is a condition that refers to the possibility of a future event happening and addresses the responsibility of the party liable should the event take place. In today’s real estate market both sellers and buyers may have contingencies stated in the terms and conditions for selling and purchasing a home. The most common contingent liability are guarantees to debt.

The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the