Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Torts
What torts are present in the scenario?
In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness that resulted in bodily, emotional or financial harm. The way that this is affecting Phyllis, is with the restaurant ignoring the fact that she is bleeding profusely. Then, at the hospital the doctor amputated her foot vs. removing the piece of metal from her mouth. ("Types of Torts," 2012)
Strict liability tort is when the other party can collect damages from a particular activity being dangerous. In Phyllis' situation, she can use this to make a claim against the hospital. This is based on the fact that she is seeking out medical treatment (which is considered to be hazardous). ("Types of Torts," 2012)
Who are the potential plaintiffs and defendants in each tort claim?
The...
These individuals would be the target of a negligent tort claim that is made against them. The only party that will be subject to a strict liability claim is the hospital. The various plaintiffs include: the waiter, the old man that was trampled and Phyllis. These different elements are showing which parties will be the subject of possible tort litigation. ("Types of Torts," 2012)
What are the elements of the tort that constitute each plaintiff's claim?
The elements of tort that can be applied to both claims include: the presence of duty, the breach of duty, there was an injury and the breach of duty caused the injury. The presence of duty is when the other party did not take reasonable precautions to protect everyone. In this case, both the restaurant owner and the hospital are guilty of these activities. The breach of duty is…
References
Tort Damages. (2011). Law School Help. Retrieved from: http://www.west.net/~smith/tdamages.htm
Types of Torts. (2012). U.S. Legal. Retrieved from: http://torts.uslegal.com/types-of-torts/
What are the Four Elements of Tort. (2012). Finney Law Office. Retrieved from:
http://www.finneylawoffice.com/articles/what-are-the-four-elements-of-a-tort/
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or
Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party
Tort Reform President Bush came into the White House with a history as a 'tort reformer.' True to his record, the President backed a 'tort reform' bill last year that was passed by the House of Representatives but floundered in a Democratic controlled Senate. The President has recently renewed his call for the legislature to approve a tort reform bill that relates mainly to medical malpractice. It remains to be seen
Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law. Tort law is used to address a wrong a person has done to another person and generally involves the award of monetary damages to compensate for the wrong done to them. There are three types of
Tort Exam Barnaby Willows owns a small boutique petting zoo in downtown Sydney. This petting zoo harbors two of each kind of local species of animal. The zoo is open to the public seven days a week for 8 hours a day. The animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. The petting zoo has been in
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to others. All individuals realize that they may be subject to a judgment against them in torts and so many buy third party insurance to protect them from bearing the full costs of those judgments. In some jurisdictions purchasing third party insurance