WebThe Tort Law Effect on Victims Essay Online for Free. The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of WebIntentional Torts Against Persons and Against Property essay. The cases of Paula, Roger, Usain, Sebastian and Tanni. Inthe case of Roger and Paula, Roger goes against the law Web29/03/ · Tort is an illegal deed. Torts, both civil and business, are founded on two concepts: wrongs and compensation or damages. Through tort law, a society
Tort Essay Examples - Free Research Paper Topics on blogger.com
The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. The accompanying exam answers are written by Bar None Review. Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission. Dina, tort essay, aged sixteen, lives at home with her tort essay, Mary, tort essay, in a state where the age of majority is eighteen. Mary is aware that Dina has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia and has attacked persons in the neighborhood. Mary questioned Dina about the incident, scolded her, and asked if Dina was taking her medication.
When Dina said she was, Mary did not pursue the matter, tort essay. Two days after Dina confronted Paul, Dina saw tort essay raking leaves which had fallen into the street fronting their adjoining homes. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries, tort essay. Paul has sued Dina alleging the intentional tort of assault. In order to recover, tort essay, Paul must establish that Dina 1 intentionally 2 created in Paul a reasonable apprehension 3 of imminent harmful or offensive bodily contact, tort essay.
There are two acts of Dina that might give rise to liability for assault. Reasonable Apprehension. She was face to face with Paul and screaming at him and making threatening gestures. These actions may alone have created an apprehension in Paul. There is no reasonable apprehension of imminent harm, and thus, this element of the tort of assault is not met. Thus, Dina is not liable to Paul for the verbal threat. The second act of Dina which may give rise to the tort of assault is when Dina rode her bicycle at Paul, tort essay. Dina of her own volition rode her bike towards Paul as fast as possible. This satisfies the requirements of intent. The answer is no.
All persons are capable of intentional torts, tort essay. There is no incapacity defense. So long as the act is voluntary and is substantially certain to bring about the intended result, the element of intent is met. Reasonable Apprehension of Imminent Harm. Paul saw Dina riding towards him and was put in tort essay of harm as evidenced by his leaping to one side to avoid Dina, tort essay. The test for apprehension is, tort essay, however, an objective one. In this circumstance, having received a prior verbal threat from Dina tort essay now with her act of bicycling toward him at high speed, tort essay, Paul had a reasonable apprehension of imminent bodily harm, tort essay.
Dina had the apparent intent to carry out a threat and also the present ability to carry out her threat. Dina is therefore liable to Paul for assault, tort essay. She is liable for nominal damages and possibly punitive damages as well as damages caused by the assault. Tort essay dived away from Dina and struck his head and suffered a severe concussion and facial injuries. Dina will probably be liable to Paul for any medical expenses incurred as well as pain and suffering damages. Dina may argue that the damages were not caused by her act, but rather were self-inflicted by Paul, tort essay.
However, this argument will fail. During the commission of the tort essay, it is foreseeable that the victim Paul would try to escape. The injury during the escape was caused by the assault and Dina is liable for these damages. Dina may attempt to raise the defense of self-defense. A person is privileged to use appropriate force against another person when they reasonably believe that the other is about to cause them imminent harm, tort essay. However, the defense of self-defense will fail. Thus, she had no reasonable fear of harm from Paul. Further, self-defense can only be tort essay to prevent or defend against imminent bodily harm.
Here, tort essay, no facts suggest Paul was about to harm Dina, tort essay. Her fear that Paul might attack her in the future, even tort essay true, would not give rise to self-defense. In fact, Paul was raking leaves and not threatening Dina, tort essay. Even if her belief were true, self-defense does not allow one to take the law into your own hands and go on the tort essay. Here, the same act of Dina, riding the bike at Paul, suffices as the intentional act. Dina might argue that she only intended to scare Paul as evidenced by the fact she swerved away at the last minute.
However, Dina intended the tort of assault. This intent will be transferred to the foreseeable tort of battery which occurred. It was foreseeable that Paul would attempt to escape, thus, the harm resulting from the escape will be presumed to have been the result of intent, tort essay. Infliction of Harmful or Offensive Contact. Dina will be liable for damages from this tort as described above for the tort of assault. Actual damages to cover medical expenses, tort essay, pain and suffering and possibly punitive damages because this is an intentional tort. Generally, the law imposes no duty to control the acts of another person. However, under certain circumstances, where a person has knowledge of the tort essay propensities of a person and also the means by which to control the person, tort essay, then such a duty will arise.
It is arguable whether Mary has control over Dina. This will be a jury question that could go either way; no facts are given. Thus, a duty of control will be imposed upon Mary. This duty will run to all foreseeable plaintiffs under the Cardozo rule for Palsgraf v. Mary, then, has a duty to act as a reasonable person under the circumstances in her control of Dina and her actions towards Paul. Did Mary breach her duty of care? Two acts of Mary possibly constitute breach of the duty of care. Mary assured Paul that Dina would not try to hurt him and assured him that the threat would not happen again. This statement turned out to be wrong. However, this is not a classic misrepresentation which must concern a present or past hurt. Her statement serves two purposes as well as possibly being a negligent statement.
Mary, in making the statement, assumed a duty of care toward Paul. This augments tort essay duty imposed by law. Mary in essence states that she has control of the situation and of Dina. Under the circumstances, a reasonable person would have made certain that Dina was taking her medication. Dina would probably not have attacked Paul if she had taken her medication. She also knew that Dina had particularly threatened Paul. Finally, Paul suffered damages as discussed above. The general rule is that parents are not vicariously liable for the torts of their children. However, many states impose parental liability by statute for intertwined torts of minors.
Thus, statutes usually tort essay a limit of liability. Assault is the intentional causing of an apprehension of immediate harmful or offensive touching. Although she may have caused fear or apprehension of future injury, and she tort essay threatening gestures, her words seemingly take away the immediacy; her threat is to get Paul later; her intent is to get Paul later. The facts do not make clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. When Tort essay rode her bicycle at Paul, she committed assault. She clearly intended to cause Paul to be immediately afraid or apprehensive of a harmful touching. The fact that Dina swerved away is not relevant to the assault which was already complete at that point.
Dina may not have intended to hit Paul with her bike. Swerving to the tort essay at the last minute may have been her plan all along, or she may have changed her mind as she approached Paul. Even if her intent was not to hit Paul, Dina may nonetheless have intended a harmful or offensive touching. This is sufficient to constitute intent. But tort essay her riding her bike tort essay him, he would not have jumped, and her actions were the direct and tort essay cause of his jumping and injury. Harmful or Offensive Contact. Here, Dina does not have the defense of self-defense available because there is no indication that she was under any attack at all.
Although one may be mistaken in her belief of a need for self-defense, this mistake must be reasonable. Dina has no defense to her intentional torts of assault and battery, tort essay, and she may further be liable for any emotional distress, tort essay. Paul may recover for his injuries. An individual is liable for the foreseeable results of her negligent conduct when she has 1 a duty 2 that duty is breached, 3 the breach of duty caused the plaintiffs injury and 4 the plaintiff suffers damages. Paul was clearly a foreseeable plaintiff as Mary knew Paul had tort essay threatened by Dina. He was directly in danger.
PTE Writing: Write Essay SUPER STRUCTURE - Sentence by Sentence with Jay!
, time: 1:00:28Tort Law Essay Examples - Free Research Paper Topics on blogger.com
WebTorts Essay 1 Dina, aged sixteen, lives at home with her mother, Mary, in a state where the age of majority is eighteen. Mary is aware that Dina has recently exhibited a sometimes Web13/03/ · To remedy this, consult your Torts reading guide and investigate what weeks you will be learning the materials for each prompt. Read and take notes on each of the WebTort Essays The Tort Law Effect on Victims Essay Online for Free. The word tort is derived from the latin word tortus, meaning a Tort Law Problem Answers. ISSUE Whether
No comments:
Post a Comment