Tort law

This case was categorized under the tort law, as it involved two separate parties desiring different things. The case arose when Malcolm Ross sued a political cartoonist, Josh Beutel, for defamation. Josh Beutel had made a presentation that included cartoons of Ross, a former New Brunswick teacher who was known for being anti-Semitic. It was when Beutel presented a cartoon that showed a caricature of Ross being compared with Josef Goebbels, a German Nazi leader who was Hitler’s minister of propaganda

Principles of Torts B – Research Essay 2001 saw the controversial Lepore decision handed down in the High Court of Australia. A majority ruling held that school authorities cannot be held liable for the sexual assaults of school children through the principle of non-delegable duty. Further, it was held that, although schools are vicariously liable for acts committed by teachers, such acts must be pursued in the course of their employment. Given the nature of sexual assault, it is seen to be

ABIGAIL E. HINCHY , Hinchy an Indiana woman sued Walgreen Co., a national pharmacy chain, for violating her rights under the Health Insurance Portability and Accountability Act (HIPAA). This case is a violation of privacy, which makes it a privacy tort. “The right of privacy is defined as an individual's legal right, not explicitly provided in the United States Constitution, to be left alone and live life free from unwarranted publicity”(Study.com). The case revolves around the release of her personal

which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions When applied to physical torts, an employer-employee relationship must be established (meaning that no vicarious liability is established for work performed as an independent contractor) and the act must be committed within the scope of employment (i

Friday, August 19, 1994 The Business of Law ALBUQUERQUE, N.M. (AP) -- A woman who was scalded when her McDonald 's Corp. coffee spilled was awarded almost $2.9 million by a jury. Lawyers for Stella Liebeck, who incurred thirddegree burns in the1992 incident, contended that McDonald 's coffee

if a judge finds Mr. Peterson to be a business invitee, the attack was not reasonably foreseeable. Accordingly, for a plaintiff to claim a negligence cause of action, he or she must plead and attest: (1) the defendant has a duty recognized by the law requiring the defendant to conform to a particular standard of conduct for the protection of others including the plaintiff; (2) the defendant failed to perform that duty; and (3) an injury or damage to the plaintiff caused by the failure of duty (See

I CASE NOTE A Facts Citation: Lamble v Howl at the Moon Braodbeach Pty Ltd [2013] QSC 244 Parties: Andrew Jon Lamble (‘the plaintiff’) and Howl at the Moon Broadbeach Pty Ltd (‘the defendant’ or ‘Howl’) Court: Supreme Court of Queensland Date: 9 September 2013 Judge: Douglas J On 8 December 2008, the plaintiff was assaulted by Anthony Cerantonio (‘Ceratonio’), a barman at Howl. The assault followed a fight involving the plaintiff’s colleagues and staff at Howl. The plaintiff was not a party to

unauthorized way which is the actual scenario here in this case study. Employers are also liable under the common law principle represented in the Latin phrase, "qui facit per aliumfacit per se" (one who acts through another acts in one's own interests). That is a parallel concept to vicarious liability and strict liability, in which one person is held liable in criminal law or tort for the acts or omissions of another and so will be the case here with employee being the former and employer being

Summary In the article “Despite Counsel, Victim Is Hindered by tort laws.” The author Becca Aaronson, explains that sometimes tort laws may not feel fair. Connie Spears is just an ordinary woman who went to the Emergency because she felt some pain in her legs which she told the hospital she is known to have blood clots but, after being checked by the doctors they sent her home with a minor diagnoses. Just a short few days later she ended up in a different hospital with serious illness that caused

Introduction A tort is a wrongful act or an infringement of a right other than under a contract leading to civil legal liability. Torts differ from contract law in terms of the voluntariness of entering into an agreement. When two or more parties create a contract, each party agrees to give up something in return for receiving some benefit. Parties to a contract voluntarily and knowingly assume duties and obligations to others. By contrast in tort law, duties are imposed by the law without the express