Civil law / Tort law

Strict liability

Answers

Civil law / Tort law

1: Plaintiff~ Tommys family and Aaron

Defendant~ The company knocking down the building

2: Destroy the building carefully

3: The plaintiff

Intentional tort answers

1: Plaintiff~ Lora

Defendant~ Katy

2: Battery

3: Lora

Basic tort law

Intentional tort

scenario

Negligence answers

What is a tort?

More intentional torts

Lora a Meijer store manager was working her shift when Katy came up to her and asked where the cough drops were located. Lora politely told her isle 8, Katy started walking toward the isle not knowing she left her basket on the floor which contained her purse. Lora not noticing the basket trips over it falling and screaming, Katy hears the scream and turns around noticing her purse on the floor next to Lora. Katy assumes that Lora stole her purse and as Lora is recovering from her fall, Katy pushes her back down cracking her skull.

~ A civil law that was broken and caused someone damage or harm

~Cases involve: plaintiff- individual suing,

person harmed

defendant- wrong doer, the

one who committed

the tort

~The judge decides on a judgment

(resolution)

1: plaintiff~ Brian

defendant~ Outback or the chef

2: Their was a duty (having a safe meal) and it was breached due to Brian getting sick because of the chefs negligence.

3: The plaintiff will be collecting

damages for medical bills.

~ Nuisance:Anything that interferes with the enjoyment of life

~ False imprisonment:Restraint of a person with out justification

~ Infliction of emotional distress:Something that causes emotional trauma

~ Defamation: The action of damaging the good reputation of someone; slander or libel

~Invasion if privacy:Interfering with a persons

right to be left alone, unwanted plubicity

Negligence scenario

Strict liability

scenario

Jenna and Brian decided to celebrate their anniversary by going to Outback Steak house. Jenna ordered shrimp and Brian ordered a medium rare steak.Outback was extremely busy that night because they were hosting a huge birthday celebration. When the chef on duty read Brian's order (the steak) he couldnt read the waiters handwriting, he guessed it was rare and didnt ask the waiter for the correct order. Being busy and rushed the chef threw a steak on the grill cooking it for about a minute. The waiter noticed the steak was uncooked and asked the chef to fix it but, the chef told him it was okay to serve and he didnt have time to cook another one. Brian, not realizing the condition of the steak because he was having an intense conversation with his wife, ate the whole steak and about six hours later he was vomiting profusely. Up all night, Brian decided to go to the doctor the next day. The doctor took a few test and asked a few questions as they pertained to food, the results came back with salmonella due to the steak he ate the night before.

Tommy and Aaron were walking to the park in their town. Meanwhile, an old court house was being torn down to be turned into a parking lot for the neighboring businesses. The company knocking down the court house forgot to block off the side walk in front of the building. As the building was being demolished, Tommy and Aaron were walking by on the side walk. Before Tommy and Aaron could get out of harms way, Tommy was struck by a piece of glass in the stomach and Aaron was crushed by a large piece of cement and died.

More basics

~Damages: a sum of money claimed in compensation for a loss or injury

Strict laibility

~ The denfendant is liable to the plaitiff regardless of fault

~Defective product: Products laibility is the legal responsibility of manufactures for injuries caused by defective products

Types of damages

~ Animals:Owners are responsible for any harm by their untamed animals

~Remedy: to fix the problem but paid in the form of money

~Settlement: to come to an agreement

1. You can admit you are liable (which means you committed the tort)

2. You can admit you are somewhat liable

but the other person is too and come

up with a fair amount each should

pay

~ Dangerous activities: Companies conducting dnagerous activities know that they are strictly laible for any harm that they cause

~ Compensatory damages: Awarded to compensate the plaintiff for what the defandant did wrong

~ Nominal damages: Small amounts like a dollar, to show who is at fault

~ Punitive damages: Meant to punish the defendant beyond just compensating the plaintiff

~Liable:responsible by law

Negligence

Questions

Intentional tort

Questions

Negligence

1: Who is the Plaintiff and the Defendant?

2: Was there a duty and was it breached?

3: What will the plaintiff be trying to collect damages for?

~ Failure to take proper care in doing something

1: Who is the plaintiff and defendant in this case?

Intentional tort

Strict liability

Questions

Four elements to be proved in a negligence case

2: What type of intentional tort is this?

~ occurs when a person acts with intent to harm another person or their property (or both)

~ Duty: Defendant had a duty of care to the plaintiff

~ Breach of duty: Duty was violated by defendant

~ Causation:Defendants caused the palintiff harm

~ Damages: Plaintiff suffered actual damage

3: Who would win this case?

1: Who is the Plaintiff and Defendant?

2: What responsibility did the defendant have?

3: Who would win this case?

Types of intentional torts

~ Assault:Occurs when an individual leads another individual to believe they are harmed

~ Battery:Unpriveledged touching of another person

~ Trespassing:Interference or damage with anothers persons property