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.""

Tags:law, tort, malcolm

Abstract
The paper discusses how tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. The paper explains that this is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further, the paper notes that much of tort law has been developed randomly, many times to fill in gaps that exist in the law, and at other times, it is influenced by public policy. The paper explains that therefore, depending upon various factors, the duty of care can be high or non-existent depending upon the type of claimant and what type of duty of care a defendant breached.

From the Paper
"Tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a..."

Tags:tort, law, duty of care

Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law 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."

Tags:contract, tort, law

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
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."

Tags:international, law

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."

Tags:tort, law, nuisance

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 ..."

Tags:medical, malpractice, torts

Abstract
This paper provides a definition of tort law and then takes a look at a particular legal case which falls under the area of tort law. The paper describes the case and provides reasons why it should be approached under the area of tort law.

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..."

Tags:tort, law, assault

Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law 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.)."

Tags:tort, case, law

Abstract
The paper discusses the history, products, strategy, competitors, and market position of Sears and how it deals with the issue of tort law.

From the Paper
"Sears Roebuck Co. is a wholly owned subsidiary of Sears Holdings Corporation and a leading broadline retailer providing merchandise and related services. It offers its wide variety of home products, apparel and automotive products and services through more than ... branded and affiliated stores in the United States and Canada, which includes full-line and specialty stores. Additionally, the firm maintains specialty direct mail catalogs, an Internet presence at Sears.com and Landsend.com and manufacturing centers for proprietary brands i.e...."

Tags:Sears Roebuck & Co. tort law