Disadvantages Of Tort

The textbook, “Business law today” (2014), clarifies that tort is a wrongful act that results in harm or injury to another and leads to civil liability. Tort law is designed to compensate those who have suffered a loss or injury due to another person 's wrongful act.

For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely?
Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to

“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice must

In 1976, Howard Bettel and some friends entered Ki Yim’s store. After the boys began acting outrageously, an employee asked them to leave. Instead of immediately leaving the property, the boys went to the front of the store and began throwing wooden matches on the sidewalk. One of the matches ignited and caused a small fire inside the store. The employee and the owner of the store put out the fire and Yim grabbed Bettel with both hands to restrain him. While grabbing Bettel, Yim’s forehead hit him in the face causing severe injuries to his nose.

The issue of whether an award for aggravated damages was precluded in s 52(1) of the CLA, was based on whether it was ‘an award “in relation to” a claim for personal injury damages’. Fraser JA referred to the Acts Interpretation Act to support the narrower construction of ‘in relation to’. He added that to interpret the legislative purpose as limiting damages for the insult if injury was added is ‘very odd’. Thus, the appellants were entitled to awards for aggravated damages.

I would use Westlaw as my source to locate statutes and information to assist in my representation of the case. To begin my research on Mr. Newhouse’s slip and fall case, I would go into Westlaw, select “State Materials”, “Michigan”, and then “Michigan Statutes and Court Rules.” From this page, I would type in the search bar “premises liability.” In the top right hand corner under secondary sources, there is a result that populated titled § 7.Premises liability.

Damages to properties and reputation are not the only factors protected by law. Relevance is also given to the most important asset of all—our bodies. That’s where personal injury laws come in. Anybody would regard their bodies as the most important asset of their life.

Utilitarianism is the act committed, ways to prevent new crimes, and how to stop from repeating the crime. Last virtue ethics is character of the person, it is to achieve civil peace through moral virtues, and it helps rehabilitate or reform the offender.

The wrongful death statute evidences a legislative intent to place the cost of unsafe activities upon the actors who engage in them, and thereby provide a tortious conduct."

California Gov. Jerry Brown signed an amendment covering libel retraction and damages last month, creating the consistent treatment of print and online publications.

After reading the Good Samaritan Home case, I believe it would be classified as criminal and civil case. Criminal law is considered a wrong doing against society and civil law would be considered wrong between individuals. With this case, I believe it would be criminal because of all the state laws that go in together with running a facility like this; the state and people of the county would have to get involved. Not only by talk or reading the news in the newspaper but also by attending jury duty. I also think this case is civil because the family of the abused/neglect could press charges. With civil cases there will be fines that will be paid to the family of the victim. Since I believe this case will be both criminal and civil; the criminal trail will be help before the civil.

Another basis to make Murray’s claim viable is the 1983 Church V Commissioner’s case. The court adopted a similar analysis to the Roemer decision. In the church, the taxpayers got $250000 compensatory damages and a punitive damage of $ 235000 in a defamation lawsuit. The court focused on the nature of the claim and identified that the award for compensation was as a result of humiliation, ridicule and total embarrassment. Those injuries were personal tort-type claims contrary to the physical injuries. The court acknowledged that personal injuries should not be limited to physical trauma alone, but should also consider the mental pain and sufferings that the plaintiff undergo.

Damages: an order to pay payment for a loss suffered, for example, for carelessly causing an injury to a person, a property getting damaged or work not being carried out in the way the contract has

In Calder v. Jones 465 U.S. 783 (1984)Shirley Jones, the defendant, is a professional entertainer based in California, who brought suit in California Superior Court, claiming that she had been defamed in an article written and edited by Iain Calder and John South, the petitioners who lived in Florida. The article was published in a national magazine having its largest circulation in California. Petitioners, both residents of Florida, were served with process by mail in Florida, and, on special appearances, moved to dismiss the case for the lack of personal jurisdiction.

Benoit defines image restoration theory as strategies used to mitigate image damage following a threat to a reputation (organizational or personal) (Blosenhauer, 2014). As we know that, image is possible a very important concern nowadays. Thus, when reputation is threatened especially during crisis happens, individuals and organizations are encouraged to justify themselves to the attack. Organization works on effort to ensure that crises are anticipated, managed, and evaluated effectively and efficiency before any unfavorable impression is formed. Then, here comes a theory used as communication approach to restore the organization’s image- Image Restoration Theory.