Tort And Contractual Liability

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on

• Was the employee acting in the course of employment when the tort was committed?

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

Tort of negligence Is a major aspect of tort law and holds a large bearing in many civil cases. Negligence is simply a breach of duty or a

Explain the general differences between intentional torts, negligence, and strict liability. Additionally, explain the elements of intentional torts and negligence and provide working examples to illustrate each.

Describing and analyzing torts, crimes, and contract law will be very beneficial to any person involved in law. Providing a real-life or hypothetical examples of five kinds of intentional torts will be explained. Knowing the difference between a tort and crime is important and whether its possible for a violation to be both a crime and a tort. The conclusion will consist of the concept of “voluntary consent” as it relates to contract law and what impact does mistakes have on contract enforcement.

The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict

People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will act as its own entity for all intent and purposes. When it becomes it own entity you will have to separate your finances from that of the business. Remember that it does not matter what type of business organization you select,

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.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

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

Liability in contract and liability in tort are civil wrongs where the injured party will bring a civil suit for damages. The two forms of liability require the presence of for conditions which are guilt, relation of the illegal act and loss suffered an illegal action and prejudice. Both forms of liability require compensation for the prejudice suffered by the innocent party and should cover the damage caused as well as the benefits which were not realized. In both caes liability arises out of a breach of duty by one party. Despite these similarities, there are differences between these forms of liability. Liability in tort does not require previous transactions between the parties and liability only arises when the harm is caused. Contractual liability on the other hand arises due