| Papers [1-16] of 57 :: [Page 1 of 4] | | Go to page : 1 2 3 4 —> | Search results on "LAW TORTS": |
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English Law: Tort Negligence, 2005.
Examines the tort negligence case of Malcolm within the framework of English law.
900 words (approx. 3.6 pages), 3 sources, AU$ 37.95
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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.""
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Contract and Tort Law, 2005.
A discussion regarding the legalities involved in Contract Law and Tort Law.
900 words (approx. 3.6 pages), 2 sources, AU$ 37.95
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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."
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Modern Tort Law, 2006.
An in-depth look at whether there is a need to reform tort law in the U.S. and whether such an undertaking is feasible or necessary.
4,194 words (approx. 16.8 pages), 11 sources, MLA, AU$ 119.95
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Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.
From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges ? and indirectly, attorneys and jurors ? are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."
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Tort Law as Compensation for Environmental Damage, 2007.
An analysis of the effectiveness of tort law with regard to providing compensation and preventing environmental damage.
2,881 words (approx. 11.5 pages), 34 sources, APA, AU$ 91.95
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Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.
Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort
From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."
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Tort Law: Assault and Battery, 2006.
A look at a legal case which falls under the category of tort law.
675 words (approx. 2.7 pages), 0 sources, AU$ 28.95
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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..."
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Tort Law, 2005.
A discussion on tort law and its applications.
1,350 words (approx. 5.4 pages), 2 sources, AU$ 56.95
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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.)."
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Harr's "A Civil Action" Industrial Tort Law, 2001.
The real threat to big businesses of tort law and punitive damages.
1,410 words (approx. 5.6 pages), 2 sources, AU$ 49.95
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Abstract
This paper uses the case discussed in Jonathon Harr's book "A Civil Action" to explain the system of Anglo/American tort law--the workings and limitations of the system and the intended goals as opposed to real life actualities. It follows case facts and describes the outcome, while explaining all the ensuing legal factors. Also included is an account of the historical divergence of civil obligations and tort law.
From the paper:
"Harr's book relates the story of a type of case that is all too sadly familiar: A large corporation (in this case actually two large corporations) contaminate the environment because it is cheaper dump solvents than to dispose of them legally. The reason that corporations are supposed to be restrained from such cheap but illegal dumping is the threat of either criminal charges being made or of civil litigation. In other words, corporations are supposed to behave themselves because if they don't then they will get sued. But the important catch to this argument, as this book shows, is that corporations do not in fact have a great deal to fear from civil litigation. All too often, the person who wins civil litigation is the person (or corporation) who can continue to pay for a lawyer longer than the other side. The results of civil litigation have less to do with right and wrong than with whose pockets were the deepest to begin with."
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Tort Reform & Business Law, 1998.
Examines the current climate for tort reform in the court system. Discusses possible implications for businesses & business law.
1,350 words (approx. 5.4 pages), 8 sources, AU$ 50.95
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From the Paper
"Tort Reform and Business Law
Current Events
Tort reform has not resulted in much change within the American system of law. A primary problem is that as appeals to lower court decisions about the serviceability of tort reform legislation have made their way to courts of appeal, all or part of tort reform legislation is being struck down. This is mainly because courts wish to preserve "the right to a jury trial for common-law torts without limitation" (Finzen, Haley, & Shaw, 1998). The article appearing in the February 16, 1998 issue of The National Law Journal, entitled "Illinois high court latest to nix reform law," goes a long way towards framing the difficulties inherent in tort law. It seems that while allowing juries the freedom to find for huge damages may seem ludicrous.."
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Torts, 2002.
A comparison of aerial and maritime torts.
2,600 words (approx. 10.4 pages), 25 sources, MLA, AU$ 83.95
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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."
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Torts, 2006.
An overview of wrongful acts which cause harm or injury to a second party.
1,711 words (approx. 6.8 pages), 3 sources, MLA, AU$ 59.95
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Abstract
There are two types of acts that yield tort liability - negligent acts and intentional acts - and those acts yield negligence and intentional tort claims. This paper provides an overview of tort law and examines how it is dealt with in a court of law.
From the Paper
"Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable."
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Legal Issues: Torts, 2005.
This paper examines Tort law in the United Kingdom, as pertaining to a landowner and three types of individuals.
675 words (approx. 2.7 pages), 3 sources, AU$ 28.95
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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."
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Product Liability and the Law of Negligence, 2006.
A look at product liability in terms of the law of negligence and its development as a part of tort law over the past two centuries.
1,575 words (approx. 6.3 pages), 5 sources, AU$ 66.95
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Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law 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.
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"Risks & Wrongs" by Jules Coleman & "Economic Analysis of Law by Richard Posner, 1996.
Compares books on meaning, goals, costs of tort law.
1,350 words (approx. 5.4 pages), 2 sources, AU$ 50.95
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From the Paper
"A tort is a wrongful act which may be remedied by a civil lawsuit. Different theorists approach the issue of torts from different perspectives. In 1992 Jules L. Coleman and Richard A. Posner each wrote a book about his perspective on this topic.
Coleman takes the point of view of an economist and uses a market paradigm in addressing issues in the law. The market paradigm is based on two postulates: 1) the principle of rationality; and 2) the economist's conception of the perfectly competitive market as the ideal institutional embodiment of the law. The principle of rationality means that assuming no criterion of justice or fairness that cannot be derived from the principle of rationality.
Coleman writes, "The market paradigm does not deny that there can be a justified morality. Quite the contrary, It means..."
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Intellectual Property Law - 'Passing Off', 2006.
A discussion on how the law of 'passing off' protects the descriptive and the functional.
1,894 words (approx. 7.6 pages), 3 sources, MLA, AU$ 64.95
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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."
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Memorandum of Law Re: Paula Tall, 2008.
This paper is a formal memorandum of law about the potential criminal, tort and contract claims by client Paula Tall, who was said to be raped by a famous athlete and then fired by him and the resort.
6,875 words (approx. 27.5 pages), 74 sources, MLA, AU$ 166.95
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Abstract
This paper is written by the author as the associate reporting his or her legal research to the senior partners about the client Paula Tall, a licensed physical therapist at physical rehabilitation resort, who was assigned to do therapeutic work with a famous athlete. The author reports that, after two days of therapy, the athlete offered Ms. Tall a contract for a job as his personal therapist, which she accepted. The paper continues to relate the facts of an inconsistent report of rape and her subsequent firings. The author presents questions and answers to (1) what crimes, if any, might the famous athlete be charged with and the prospects for conviction, (2) what actions in tort might be brought against him and the prospects for recovery and (3) whether the "contract" which he gave to Ms. Tall is enforceable and to what extent. The paper includes an extensive discussion of cases relating to the author's research.
Table of Contents:
Facts
Questions Presented
Answer
Discussion
Criminal Charges
Civil Torts
Contract
From the Paper
"There is no requirement that the victim of a sexual assault resist. The Texas statute defining criminal sexual assault focuses the fact that the victim is compelled, not her resistance. Hernandez v. State, 804 S.W.2d 168 (Tex. App. 1991). Further, consent must be given freely. If consent was produced by a threat against the victim, consent is negated, and the resulting act remains a criminal sexual assault. Cavazos v. State, 668 S.W.2d 435 (Tex. Crim. App. 1984). Further, in evaluating the validity of consent, the relative strength of the parties can be considered."
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Tort Reform, 2002.
Explores President George W. Bush's tort reform attempts in the White House.
1,086 words (approx. 4.3 pages), 7 sources, APA, AU$ 40.95
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Abstract
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 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 whether President Bush is successful in getting his proposals approved this time around as debate still rages among the supporters and opponents of the reform bill. This paper looks at the pros and cons of the issue. The paper includes a summary of the proposed public policy on tort reform, an examination of the impact of the policy (who shall be affected?), as well as the lobbying efforts in favor of and against the tort reforms.
From the Paper
"As for the lowering of health costs and insurance premiums, it is a contentious issue with both the opponents and supporters of the tort reforms holding widely divergent views. While the government contends that such reforms would reduce Federal government costs by at least $28 billion per year and cut health care costs for all Americans by $60 billion or more, the opponents argue that since medical malpractice premiums comprise only 0.59 % of national health care costs such tort reforms would have a very limited effect on health care costs. They also argue that "insurance reforms" rather than "tort reforms" are needed for lowering insurance premiums and quote the example of California where after implementation of medical malpractice reform, malpractice premiums increased 190 %. ("Tort Reform is not a Solution..")"
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