Abstract This paper discusses the differences between tortlaw and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tortlaw and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper discusses the concept and definition of tortlaw. The paper discusses intentional, negligent, strict liability, and product liability in relation to tortlaw. The paper discusses the purpose of tortlaw and how judgements are made in regards to these types of laws within the judicial system.
From the Paper "Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
Abstract This paper provides a definition of tortlaw and then takes a look at a particular legal case which falls under the area of tortlaw. The paper describes the case and provides reasons why it should be approached under the area of tortlaw.
From the Paper "As tort law is the practice of law that addresses civil wrongs, wrongs in which a person's bodily security, property, material or economic resources, and well-being of personal reputation, it would seem that this is the area that should address the case being presented. In this case, the Plaintiff, Mr. Caudle, was taking part in festivities during a workplace party. Much tomfoolery and rambunctious behavior abounded, including the foolish tossing about of an electrical device which was known to give electrical shocks to those with whom it came in contact. When Mr. Betts, president of the workplace and Defendant, put said device in contact with Mr. Caudle, the Plaintiff received an injury which has caused many medical maladies, which not only required surgical treatment, but have not yet abated completely. This court will rule on the case based on tort law, looking at how it might fit..."
Abstract This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.
From the Paper "The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."
Abstract The paper discusses the torts of nuisance and negligence in terms of the legal responsibilities of a landowner towards three types of individuals. The paper looks at three types of individuals; neighbors, invitees and trespassers. The paper covers the tort of nuisance as well as the tort of negligence. The paper examines the Duty of care of a landlord and the legal rights of the three parties.
From the Paper "This paper will examine legal issues arising from this fact situation that was assigned for this case study. There are three possible plaintiffs that emerge from the facts of this case. These situations are as follows: 1. John the neighbor who lives in a dwelling house next door to Ian who runs a business and uses a generator which is situated near John's property. 2. Ken the legitimate visitor to Ian's property who was injured while visiting Ian's property 3. Lionel who was trespassing on Ian's property without his knowledge or consent. Legal Issues Concerning the neighbor: John: Does John have a possible tort of Nuisance against Ian? The Law regarding the Tort of Nuisance: The court will look at the legal rights of the plaintiff and the defendant. A balancing test is usually adopted and the standard used is one of reasonableness."
Abstract This paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted as regards tort claims. It looks at how claims the only solution is to enact statutory tortlaw reform in England and provides an example of a leading case.
From the Paper "This research paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted a regards tort claims. A solution can be found but only if statutory tort..."
Abstract In this article, the writer looks at the draft disposition of the Internet tort case. The writer discusses that the draft should be revised because it misstates the tortlaw involved. Further, the writer believes that the draft employs improper standard for reviewing summary judgment motions
From the Paper "This essay analyzes the correctness in terms of its conclusions and reasoning of the draft disposition by the state court trial judge of motions for summary judgment filed by plaintiffs and defendants in the subject case. The draft disposition should be substantially revised and many of its conclusions altered especially those relating to the granting of defendant Phishy Corp's motions, because it is based on faulty readings of the applicable state tort law and employs reasoning which would ... "
Tags: no, material, issue, of, fact, or, law, intentional, internet, torts, standards, of, conduct, in, internet, negligence, cases
Abstract This paper is a brief review of a tort case in which a young child was injured as the result of an improperly fastened load. The paper suggests that the individual who advised the proprietor on the matter was more culpable than the actual owner of the rig - and that driver, by virtue of his actions, was also culpable for the child's injuries. The paper suggests, ultimately, that restitution for the emotional duress of some of the witnesses will be inevitable.
From the Paper "There can be little doubt that tort negligence is a significant and complex part of the legal canon. This paper will examine tort law as it relates to the particular case of Malcolm v. Neil. More specifically, this paper will examine the culpability of Malcolm (and of Neil) and attempt to determine the extent to which both parties are responsible to Peter and to Oliver and Rachel - and the extent to which Neil is responsible to Malcolm. In the final analysis, it appears that the laws governing tort negligence allow Neil very little defense for his actions. To begin with, there is t he matter of "fore-seeability". The modern conception of foreseeability dates back to 1932 when Lord Atkin, offering his opinion in the case of Donoghue v. Stevenson held that individuals "must take reasonable care to avoid acts or omissions.""
Abstract This paper examines tort liability in six different cases involving XYZ Limited. Among other things, the paper explores the appropriateness of the initial XYZ response to various issues and it also explores the legal underpinnings upon which will be based future actions. Ultimately, it may be said that the paper explores the complexity of tortlaw as it exists in the United Kingdom.
From the Paper "Tort liability in English law is an extremely complicated matter. Because of this, the following paper will examine six cases involving tort law and attempt to determine the statues and or legal authorities that might guide a business decision in various situations where tort liability has been alleged. As will become apparent, organizations owe it to themselves to prepare as much as possible for possible suits as they are an inescapable part of doing business. In the first three cases to which we turn, both sides of the matter must be explored. From Bill's perspective, he was misled as to the vacation cottage he would occupy and he feels strongly that he should be recompensed for his inconvenience; in light of the inaccurate - possibly fraudulent - misrepresentation given to him by the now-insolvent travel company, his anger is perfectly understandable."
Abstract The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tortlaw over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.
Abstract This paper provides an analysis of torts involved in an auto accident and medical malpractice case (Jason v. Angela). It looks at the issue of more than one defendant found liable to the plaintiff for committing a tort against him.
From the Paper "Jason has a cause of action against Angela who by speeding driving under the influence and running a red light undoubtedly violated local ordinances and is therefore liable under the law of the state where the accident ..."
Abstract This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.
From the Paper "So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."
Tags: intellectual, property, copyright, patent, trade, mark
Abstract The paper discusses the concepts of proximity and reasonableness in relation to the law surrounding negligence. The paper also raises the question as to whether the judiciary's reliance on such tests is in fact a way of disguising judgements that have their foundations in policy rather than law.
From the Paper "It is possible to argue that the terms "proximity" and "fair, just and reasonable" are covert devices for the courts to decide cases on policy. In the case of Hill v Chief Constable of West Yorkshire the mother of the last rape victim that was killed by Peter Sutcliffe (The Yorkshire Ripper) sued West Yorkshire Police for negligence. She alleged they had not used reasonable care in apprehending him. Her lawyers argued that the police had been careless because they had failed to apprehend Sutcliffe earlier even though he had been brought in earlier than his eventual arrest. They argued that had Sutcliffe been apprehended earlier his final victim, Jacqueline Hill, would not have died. The House of Lords rejected this on the basis that there was insufficient proximity between the victim and the police. Lord Keith also refused to impose liability on policy grounds. His Lordship held that to impose liability in such circumstances would be counter productive."
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
