tort

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yhliuaa
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290685
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tort
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2014-12-05 10:29:39
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tort
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  1. tort definition

    civil wrong entitling an injured person to bring a civil claim, usually for compensation against the wrongdoer

  2. The purposes of tort are to

    3

  3. tort vs contract

    6

  4. tort vs crime

    4

  5. protection to judge

    2

  6. assault

    2

  7. battery

    5

  8. False imprisonment

    4

  9. Wrongful entry onto another’s land

    2

  10. nuisance

    ‘an interference with, disturbance of or annoyance to, a person in the enjoyment of his occupation of land’

  11. defamation

    3

  12. Vicarious liability-rationale

    2

  13. Prerequisite of vicarious liability

    Employer liable for employee’s wrongs committed in the course of employment

  14. Tort and vicarious liability: factors to Factors to differentiate independent contractor and employee

    4

  15. negligence definition

    loss resulting from failure to take reasonable care when there is a duty to do so

  16. Essential elements of a tort of negligence

    4

  17. Negligence-To establish a duty of care, the court may consider

    3

  18. To decide whether there's a breach of duty of care, the court may consider

    3

  19. Legal principles for Res Ipsa Loquitur

    3

  20. Remoteness and forseeability

    3

  21. Legal principles for professional negligence

    6

  22. Mark owns a house with a large garden. Nelson takes a walk along the road boarding Mark's house. He holds a ball which falls down and runs into the garden. Nelson enters the garden to take back the ball. Mark sees him and saying, "Stop there, you thief. I am phoning the police." (application only)

    5

  23. A solicitor gave negligence advice to B and B’s will was therefore drawn up by the solicitor carelessly. As a result, the person’s relative C who originally should be entitled to a gift failed to get what he should have obtained. C claimed damages for his lost gift against the solicitor.(application only)

    4

  24. Eric had just won a darts game in the Dog & Duck public house. As he returned to his seat, he was cheered on by his friends; Jockey, his opponent, slapped his shoulder in a hearty fashion to congratulate him on his victory. Eric was off balance at the time and tumbled over, injuring himself. Eric shouted at Jockey, ‘You swine, you did that on purpose, I’ll see you outside in two minutes.’ Fearing the worst, Sid, the owner of the Dog & Duck, grabbed Eric by the shirt collar and frog-marched him to his office. Eric resisted violently, aimed a punch at Sid, but missed. Sid managed to calm Eric and persuaded him to remain in the office in order to avoid further trouble. Having left the office, Sid asked two burly friends, Peter and Phil, to ensure that Eric did not leave the ground floor room. Four hours later, Sid called the police. In the meantime, Eric slept off the effect of the alcohol and was unaware that Peter and Phil were there. Consider whether or not any causes of action in trespass to the person are revealed by these facts.(application only)

    5

  25. D the driver of a stock car, negligently fails to maintain his vehicle. In the course of a race, which is being televised, D’s brakes fail and his car crashes into a crowd of spectators. The car narrowly misses A but strikes and kills B. B’s daughter, C, is very badly injured but survives and is taken to hospital. A, a person of unusually nervous disposition, develops an anxiety neurosis. F, a friend of B, is present at the scene of the accident. At first, she attempts to help, but realizing that B is dead and that C is being dealt with by professionals, F rushes back to tell B’s wife, G, what has happened. Some time later, G, who is also C’s stepmother of six months’ standing, drives to the hospital and asks to see B and C. G is shown B’s body and sees C on a hospital trolley, awaiting treatment, crying in pain and in a badly disfigured state. H, B’s mother, sees a live television broadcast of the events, recognizes her son in the crowd and realizes that D’s car has crashed into the area where her son is standing. F, G and H are all horrified by what has happened. Both F and G suffer from reactive depression. H helps care for G and C following the accident and becomes a recluse because of her inability to come to terms with the psychological suffering of G and the physical injuries suffered by C. Advise A, F, G, and H.

    • principle: 4
    • application: 6

  26. A is crossing a pedestrian crossing when he is struck by a car by B. A is knocked to the ground and staggers to his feet but is concussed and blinded by blood from a head wound. He is then hit by a car driven by C and knocked to the ground again. While lying on the ground, A is kicked by D, who steals his wallet containing $500 in cash which he is taking to the bank on behalf of his employers. B and C have both been breath-tested by the police and have been found to be significantly affected by alcohol. A is found to have serious injuries which will make it impossible for him to work again but his doctors are not able to say which car caused those injuries. Advise the parties. (application only)

    6

  27. Difference between misrepresentation and negligent misstatement?

    • Misrepresentation: induced plaintiff to enter into contract; intentional (need to prove mental intention)
    • Negligent misstatement: no contractual relationship; unintentional

  28. Martin was on a train, reading a copy of the Financial Times. Norman, who was sitting next to him, asked Martin what his job was and Martin replied that he was a stockbroker. Norman then asked Marin for some advice on investment and Martin jokingly replied that publishing seemed to be a good area. As a result of this discussion, Norman invested his life savings in publishing shares. A few months later, the value of these shares fell dramatically and Norman lost all his money. Depressed at being penniless, Norman then committed suicide. Advise Norman’s widow, Olive, of any remedy she might have against Martin.(application only)

    5

  29. Neil, who is an accountant, writes a book entitled “How to Make a Fortune on the Stock Market.” Karen buys a copy from a book shop and Peter is given a copy as a birthday present. Neil gives a copy to Rachel, his girlfriend, saying ‘Have a look at this and see how clever I am’, and a copy to Terence, his brother, saying ‘Follow these tips and you will become a millionaire.’ Karen, Peter, Rachel and Terence have followed the advice in the book and have lost a large amount of money, as the book is erroneous in several important aspects. Advise the parties. (application only)

    4+3+4

  30. Arthur and Charles are working together on an electrical installation in Edward’s factory. Charles leaves the workplace to collect some equipment from the stores in the next building and while he is at the stores, he hears an explosion coming from the workplace. The explosion kills Arthur. Debra, a factory first aid worker employed by Edward, goes to try to help Arthur. Arthur’s body is identified at the morgue by George, his father but his mother, Hilda, cannot bring herself to view the mutilated body. The explosion was the responsibility of Edward. Advise all the parties, who have suffered nervous shock, as to whether they can sue Edward. (application only)

    5

  31. Annie intended to buy a flat and approached an estate agency called ‘Easy Find’. She went out to inspect some properties last Sunday, accompanied by Jack, a salaried sales manager of Easy Find. The two traveled in Jack’s car. Jack drove, and Annie sat in the back without wearing a seatbelt. The car wrongly crossed the double white lines, lost control and ran head on into the hillside. Jack was killed in the accident and Annie was seriously injured. Advise Annie how she can recover her loss and damage.(application only)

    6

  32. John was hit on the head by falling debris from a nearby window, while in the queue at the bus stop. He was diagnosed as suffering internal bleeding of the brain and hospitalized for three months. After release from the hospital, John has to see the doctor once every two weeks for a medical follow-up. This has seriously affected his prospect of promotion in the company he is working for. What can John do under the law of negligence?(application only)
    6

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