Tort Assignment 1

Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the fact that they are partners.

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

No, statement is not true in its entirety. A battery requires a harmful/offensive contact with the person of the other directly or indirectly. There was no direct or indirect contact with Mrs. Hill. This we can find in the facts of the case, he intended to touch her, but did not. That is why this is an assault.

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

Over the past decade, the increase in participation from recreational sporting activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law (Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the state supreme court upheld the original ruling that participants who knowingly cause injury to another contestant outside of the normal rules of conduct while participating in a sporting activity, are liable or negligent, changed the course how courts would rule in tort cases (Harvard Law Review, 2008). Hence, tort law is now a leading point of discussion in athletic and physical education departments in our local school districts (Taniguchi, 2003). Included in the discussion is intentional tort, when a player injuries another participant purposely (Wolohan, 2013). For intentional tort to be ruled on, three essentials must be present: 1.an injury must have occurred, 2. the cause of injury is due to a negligent act, 3. the act that caused the injury must be intentional (Wolohan, 2013). Thus, the merging of recreational activities, extreme sports, and physical education programs, intentional tort law will be looked at in the school setting.

District 125 argues that they are immune from liability pursuant to 3-106 of the tort immunity act. Section 3-106 of the Tort Immunity Act provides immunity to recreational facilities where the basis of liability is based upon the existence of a condition of any public property intended or permitted to be used for recreational purposes. 745 ILCS 10/3-106 (emphasis added). However, Illinois courts have created exceptions to this rule. In Rexford v. City of Springfield, 207 Ill. 2d 33 (2003), the Court concluded that a school is a multiuse facility and the parking lot was substantially connected to the entire school and only incidentally to the gym. In the case at bar, parking lot D, where the accident occurred, is attached to the East building

Battery is defined as “an intentional and offensive touching of another without lawful justification” according to Black’s Law Dictionary. The three main elements that

Police involvement was necessary since security was unable to assist that night; security services are complementary since the guard must service all three of Ms. Miner’s complexes, thus encouraging the use of police with emergency situations. Ms. Miner was uneasy when she learned about the assault and personally emailed the Plaintiff to inquire about her condition and to clarify that damages to the unit be repaired. Yet, Plaintiff responded by placing the blame on her ex-boyfriend for the damage, claiming that he wasn’t a guest (Exhibit 7); nonetheless, Plaintiff reluctantly paid $2500 for repair costs

False Imprisonment – elements – (1) confinement without captive’s consent, (2) tortfeasor’s intent to confine victim, (3) confinement for an appreciable length of time, (4) no reasonable means of escape

Under common law, Battery is an intentional harmful or offensive touching of one another without consent or privilege. When Chetum tells the plumber to “fix it”, in reference to the boiler, while simultaneously

During a verbal altercation, Mrs. Bennett threw a hammer narrowly missing Mr. Darcy’s head. The issue is whether Mrs. Bennett possessed sufficient intent to establish a aggravated assault case. She claimed that she did not wish to harm Darcy. The author believes there is probably not enough to establish the element of intent to commit aggravated assault without any injury. In Commonwealth v. Matthew, the court held that intent may be inferred from the defendants conduct or words. The author argues that Mrs.Bennett never threatened to harm Darcy and walked away to wait for the cops. In Commonwealth v. Alexander, court that held that circumstantial evidence was not enough to prove intent to inflict serious injury. Mrs. Bennett’s claim that she

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.

Battery is the any unlawful offensive physical contact with another person. The contact does not have to be violent for the crime of battery to take place; it can be merely any offensive touching. Unlike the crime of assault, battery requires that actual contact be made, while assault charges can be brought with only the threat of violence. The laws regarding batter vary from state to state, but many jurisdictions have different classifications or degrees of battery. Battery is usually any form of unlawful contact, while criminal battery means there was intent to cause injury. In some states, sexual battery is any non-consensual touching of the intimate parts of another person, but in other states a sexual battery charge requires actual oral,

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