An injury would not have occurred “but for” the defendant’s actions. In short, a person must firstly has a duty of care and he breached his duty that causes damages or loss to the other party to be liable for negligence. In contrast, people who own or occupy property have duty to maintain their property
The aspects of Misrepresentation in contract law Misrepresentation is a false statement of fact and law, which induces the represented to enter a contract. When a statement has been made during the course of negotiations it is then classes as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue. In misrepresentation has there different of types. • Innocent misrepresentation • Negligent misrepresentation • Fraudulent misrepresentation To find a misrepresentation is to find if the contract is voidable. The contract exists but may be set aside by the representee.
False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort as trespass to a person.False Imprisonment has been defined as the total restraint of the liberty of a person. The word ‘false’ means ‘erroneous’ or ‘wrong’. It is a tort of strict liability and the plaintiff has not to prove fault on part of the defendant. It safeguards the right to freedom of a person so that they may be able to move without restraint.
Under the tort liability law, also known as "the law of negligence", a person is considered liable for committing a tort, if they have failed to satisfy the standard of care - a standard determined by the behavior of a reasonably prudent individual. The tortfeasor's actions are measured against the actions of a reasonably prudent person, and they are found to be below-standard, the individual is guilty of negligence. The tort liability law applies mainly to unintentional torts. In the case of intentional torts and strict liability torts, the defendant is found guilty regardless of negligence. If a wrongful act is done deliberately, the possibility of negligence is ruled out automatically.
This is known as the doctrine of vicarious liability. 1.1 What is vicarious liability? The word 'vicarious ' is derived from the Latin word for 'change ' or ‘alteration’. Vicarious liability is an aberration from the norm of holding the tortfeasor liable for damage caused by their own tortious liability. It is also referred to as imputed negligence.
Nozick proposes a definition of justice surrounding liberty. An entitlement theory comprising of three principles which result in freedom to be absolutely entitled to property and the self. His argument maintains that patterned principles of just distribution depart from this historical scheme and, in doing so, involve unacceptable infringements of liberty. Nozick defends his entitlement theory with a Wilt Chamberlain illustration. The difficult aspect of this is that Nozick does not clearly tell us how to properly satisfy what those three principles require under the perception that his argument could clear the field of patterned theory competitors.
To prove that it is a case of private nuisance we have to how that there has been substantial interference in the work of the plaintiff due to acts done by the defendant which are done unreasonably. Here both the things are being proved with the help of the above stated facts which shows that the defendant was creating a private nuisance . In the case Leakey vs. National Trust the trust owned the land upon which there was a large pile of earth which gradually eroded by natural processes and was sliding upon the plaintiff’s property. It was held that an occupier should take reasonable steps to prevent or minimize the dangers to the neighbors. In the case McKinnon Industries vs. Walker the fumes from the defendant’s factory damaged the delicate orchids.
Generally, the major elements of trespass “include an unlawful intrusion upon a property, with intention, force and injury to an owner. A trespass can become intentional if the acts leading to the invasion were done with knowledge that a trespass would result.” There are three main forms of trespass to a person which include assault, battery and false imprisonment. Besides, it is advantageous to look into what is intention in order to argue for the question. Intent can be defined as “a mental attitude resulted from an action of a person, and hence it cannot ordinarily be directly proved but must be inferred from surrounding facts and circumstances. It is not necessary that any illegal or wrongful means be used to carry out the negative result, provided the wrongful conduct was intentional and was not accompanied by justifications and excuses.” Firstly, “tort of