Obligatory Duty
When people live in society, it will be generally expected from every one the society to respect the privacy of all other rightful thinking members of the society. Whatever every other person does or says would be regulated by the societal rules to the extent that, the action of any member of the society will not unreasonably interfere, injure or harm any other member of the society.
Everyone in a society will be expected or required to act in a certain orderly manner towards every other person so as to maintain peace within and among people living in the community. These expectations may be viewed as obligatory duty, flowing from each individual member of the community to all other people in the community. If anyone fails to observe or respect
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In the first place, there must exist a duty. It is essential to identify that the defendant in a tort case owes a duty to the plaintiff; secondly, there must be a proof that, the duty has been breached; thirdly it has to be proved that the breach of the duty is the cause of the tortious act and fourthly, that the plaintiff must have suffer some degree of harm, injury of interference as a result of the action of the defendant. It is when all these four elements have been established, only then, that the action in tort can be successful. However, in the case of trespass that is actionable per se, this means no proof of harm is required to succeed in trespass action.
The debate on the question, as to whether “the law of tort consist of a fundamental general principle that, it is wrongful to cause harm to other persons in the absence of some specific ground of justification or excuse, or it does consist of a number of specific rules prohibiting certain kinds of harmful activity, and leaving all the residue outside the sphere of legal responsibility” has been examined by authorities like Goodhart, and
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165 Words | 1 PagesDISCUSSION I. Under the Ohio Duty of Care Owed to Trespasser Statute, even though Oleg Burov likely knew that children might trespass on his property, he will likely not be liable for a slip and fall injury Frank Gaad sustained outside a hot tub on Burov’s property. Using the doctrine of attractive nuisance the Ohio Duty of Care Owed to Trespasser Statute establishes the liability of real property owners for injuries sustained by minor trespassers. Mayle v. McDonald Steel Corp., No. 2010-T-0090, 2011 Ohio App. LEXIS 4319, at *18 (Ohio Ct. App. Oct. 7, 2011).
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1110 Words | 5 PagesIn deciding this case, the court also looked at Section 341 of the Restatement of Torts. This section is titled “Activities Dangerous to Licensees,” and it states that people who own land may be held liable for others physical harm only if the person is unable to foresee or realize the danger associated with the action or if they do not know the risk involved with their activities. It
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561 Words | 3 PagesA man named Marlon Brando once said, “Privacy is not something that I’m merely entitled to, it’s an absolute prerequisite.” This means that privacy is essential, and all people deserve respect and privacy no matter what. In Toni Cade Bambara’s “Blues Ain’t No Mockin Bird” Granny’s privacy is invaded by a couple of cameramen. Grandaddy confronts the cameramen who invade their privacy telling them to leave. The cameramen eventually leave and give them privacy.
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1071 Words | 5 PagesWhile that idea may haunt citizens of today’s society, governments are already one step ahead. Officials from countries all around the world have the power to record and collect surveillance at any number of business places or dwellings. “There are a lot of cities in the world…that are filming you all the time… and it’s perfectly legal” (Kirby 6). With this constant surveillance, the citizens of such countries do not have privacy.
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