Tort Case Study
The word ‘tort’ in law means a legal wrong or injury that has several elements, of which the most important element is that it is redressible in nature for the benefit of the person wronged or injured. The wrong or injury can consist of several civil wrongs like negligence, assault, battery, defamation etc. Therefore, tort is a breach of some duty, independent of contract, giving rise to a civil cause of action and for which compensation is recoverable .
In tort law, the aggrieved party is provided relief in the form of damages. Damages are a form of compensation given for breach, loss or injury suffered by the plaintiff. It is the primary source of remedy in tort cases. In a suit for damages in a tort case, the court awards the plaintiff
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It stands for “to restore to their original position”. The damages using this principle are based on the fact that whether the lump sum amount provided would put the party who has been injured to the same position he would have been, if he had not gotten injured due to the defendant’s actions. This has been established in the case Nirmala Thirunavakharasu and others v. Tamil Nadu Electricity Board and another, in which the usual plea of 'Act of God' etc. could not be considered as a defence while deciding a case for compensation arising out of electrocution and in that that the amount of money given as damages for the results of tortious acts committed by the defendant were determined by applying the abovementioned principle of restitutio in integrum …show more content…
For example, Person A and Person B are neighbours and dislike each other greatly. One day, Person A’s dog escapes from his yard and wanders into person B’s yard and relieves itself there. Person B somehow manages to step in it and is disgusted by it. He files a case of trespass in the court, who award him with contemptuous damages because they feel like the case was a waste of time as it was based on a trivial
Gideon V. Negligence Case Study
1232 Words | 5 PagesThe year is 1963, and Clarence Earl Gideon is falsely accused of a crime. Under Florida law, being charged with breaking and entering with the intent to commit a misdemeanor is a felony, and Mr. Gideon was the unfortunate victim here (Facts par 2). Like many Americans of his time, Clarence had only an eighth education (Facts par 1). He roamed in and out of prisons, which explains why he was poor (Facts par 1). Lacking the funds to pay an attorney, Clarence requested the judge to appoint him one (Facts par 2).
Common Pleas Court Case Study
416 Words | 2 PagesMILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.
Defendant: Case Study
373 Words | 2 PagesIN THE HEALTH CARE ALTERNATIVE RESOLUTION OFFICE OF FLORIDA NORTHCHASE NORTH PARCEL 45 COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Claimant, -vs- LINDSEY RICHMOND, SPTC 480 Central Region Road Suit B-3 Fort Myers, FL 32666 Defendant Healthcare Provider __________________________________ FACTS 1. The claimant is a resident of the State of Florida and all services were given to her by the Defendant in the State of Florida. 2. The Defendant is a Licensed Clinical Professional Counselor that is licensed by the State of Florida and regularly continue engaging in the practice of psychotherapy. Defendant sustains her principle office at 480 Central Region Road, Suite B-3, Fort Myers, Florida 32666.
Attractive Negligence Case Digest
639 Words | 3 PagesINTRODUCTION Defendant Ms. Kalani Herrera ("Ms. Herrera") respectfully request the court grants Ms. Herrera 's motion for summary judgment and dismiss the plaintiffs, Mr. And Mrs. Malone 's ("Malones") personal injury claim. The Malones have a brought a personal injury lawsuit against Ms. Herrera under the attractive nuisance doctrine on behalf of themselves and their daughter Maria Malone ("Maria"), a minor who was injured on an a peace of land art while trespassing on Ms. Herrera 's property. However, the plaintiffs have failed to establish elements that are pertinent to the claim. Landowners typically owe no duty to trespassers however, the doctrine of attractive nuisance is an exception to
Lawsuit Funding Case Study
529 Words | 3 PagesLawsuit funding is a risk-free cash advance to plaintiffs to help them get the medical treatment and surgery procedures they need now while they seek the legal settlement they deserve. Lawsuit funding provides immediate cash for medical and surgery bills as well as your regular monthly expenses, such as mortgage, car payments, grocery bills and other expenditures. If you are a complainant in the malfunctioning DePuy hip replcement (Pinnacle or the ASR type) lawsuit and going through financial and psychological problems than you might be entitled or a hip implant funding for litigation or lawsuit funding. Who is Eligible for DePuy Hip Replacement Lawsuit Funding or Settlement Loan?
Liberty: A Voluntary Argument In Controversy
79 Words | 1 PagesMoreover, it is not clear to a legal certainty that Liberty could not recover the requisite amount in controversy. In calculating the amount in controversy, both money damages and injunctive relief are considered. Even if Liberty could only recover the $60,456.25 in money damages alleged in its motion for summary judgment, the injunctive relief sought has enough value to enable Liberty to reach the requisite amount in controversy. For these reasons, the judgment of the district court is reversed.
Tony Roberts Case Study
485 Words | 2 PagesIn this case, Peter was not in his home or opposing harm on Tony. (Hodge, pgs 81-83) A. Tony Roberts can be criminally prosecuted and civilly sued in this case because Tony’s situation goes against the law of Prosser on Torts , Third Edition and also the Restatement of Torts, section 85. ; which
Tort Reform In America
1617 Words | 7 PagesAs Americans we are not subject to dictatorship; someone having complete authority over our lives. In fact, The United States of America gets praised for not being a communist country. The government does not control every aspect of society but Tort Reform challenges the idea of Americans free will and put a cap on the compensation that is legally and morally right for the sake of big business corporations. Tort Reform is the complete opposite of a taboo topic. Tort reform is such a controversial topic that is still talked about in the newspaper and other social media outlets even today.
Negligence In A Civil Action By Jan Schlichtmann
719 Words | 3 PagesA Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s
Disadvantages Of Tort
972 Words | 4 PagesAssignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.
Small Claims Case Study
564 Words | 3 PagesKnow the Diverse Benefits of Availing Small Claims Services A small claims court is a special court where disputes are resolved swiftly and inexpensively. It does not require any attorney, and here, the hearing is informal. It covers an encompassing range of cases, such as: • Property damage or personal injury from a car accident • Landlord/tenant security deposits • Damage to your property by a neighbor • Disputes with contractors about repairs or home improvement jobs • Collection of money owed • Homeowner association disputes If you are filing the claim, you will be called as plaintiff, whereas if you are being sued, then you will be defendant.
Case Analysis: You Will Be The Judge
588 Words | 3 PagesYou Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Intentional Tort: Court Case Study
556 Words | 3 PagesTherefore, mike caused further harm to Julian. 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
Tort Case Study: Health Care Law
1368 Words | 6 PagesHealth Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Medical Malpractice Research Paper
749 Words | 3 PagesMedical Malpractice Everyone makes mistakes, but some are more deadly than others. Malpractice is the illegal or negligence, professional activity or they’re working out of the their scope of practice. Medical malpractice is one of the top causes of death in the United States. With this being said, insurance for medical practitioners would be considerably higher.
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