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Assignment introduction to intentional torts
Assignment introduction to intentional torts
Assignment introduction to intentional torts
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Intentional tort is an act of civil wrong as a results from a person committing an offence which results in causing physical injury or harm to the victim. One of the main elements of intentional torts is the intent of the wrongdoer. With clear intent to commit the offence, the wrongdoer can be charged under the intentional tort. Intentional tort contains element of intent other torts do not have. A person who is affected by legal damages or injury may use tort law to gain compensation from the individual who is responsible, or liable for that affliction. To commit intentional torts, it means that you must do something on purpose or with a clear intent or desire. However the person who commit intentional tort need not have the intent to harm …show more content…
This leads to John committing intentional tort even if he doesn’t intend to scare her into a heart attack. In addition to this, there are several typical types of intentional torts knowingly assault. Assault occurs when one individual threatens another individual without actually having physical contact with the victim. Generally, assault is said to happen when the apprehension of injury and feeling of fear is generated among the victim. In contrast to battery, battery is an intentional tort resulting from physical contact. For example, if an individual threatens to hit you with a chair, assault occurred. But if the individual eventually hits you with the chair, battery is said to be taken place. Therefore, battery is the legal term for actually hitting …show more content…
Strict liability is a legal doctrine that makes a company or person responsible for his cause of actions regardless of any fault or negligence on their part. There are times when a person becomes responsible for things that may go awry even if the person does not have the intention for the matter to go wrong. In other words, strict liability indicates that the defendant is held fully responsible for his/her cause of actions that result in catastrophic damages and harm to the other party regardless of whether the damages or harm was intended or not by the defendant. Strict liability can be divided into several major groups including animals (either owned or possessed), abnormal dangerous acts and product liability. If the owner of the animal is a phython and it somehow creeps out and bit the owner’s neighbour even though the owner did not know that the phython is out on the loose, the owner is liable to the neighbour’s injury and therefore must be responsible for the damages done to the neighbour. An abnormal dangerous activity is an operation that cannot be carried out safely even though care and reasonable management is being monitored throughout the operation and for which the operator may face strict liability for any impairment caused. Primary example of this is the usage of hazardous chemicals and fuel, the making of explosives and other such things that may have the potential to
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
General speaking, a tort of negligence is a failure of someone or one party to follow a standard of care which means failed to do what a reasonable person do or do what a reasonable personal would not do. From the interest perspective, the tort of negligent investigation is an offence against private interest of an individual, corporation or government due to the negligent investigation. Whether a tort of negligent investigation exists in Canada is related to whether investigators owe a duty of care to person being investigated and what is the standard of care. Finally, a tort of negligent investigation only exist when there is a loss or injury to the suspect and the loss or injury was caused by the negligent investigation.
Criminal Code s.230(a) “one who intends on causing bodily harm for the purpose of (i) actually committing the offence, or (ii) planning his escape after committing or attempting to commit the offence, and the death derives from the bodily harm;” (Criminal Code of Canada)
With the rapid increase in crime rates, the defendants must act recklessly or intentionally to be held guilty. Crimes can be classified into two types of intents; general, and specific intent.
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
“A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.”
Strict liability arises in the animal context when the animal at issue is either a wild animal or a domestic animal with a known vicious propensity. This principle is the origin of the well-known “one bite” rule for dogs. Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Under a rule of strict liability, proof of causation is a necessary condition for liability. The early common law distinguished between wild and domesticated animals for purposes of imposing liability on their owners. Owners of fierce or wild animals were absolutely liable for harm caused to others. However, owners of domesticated animals, such as dogs, were liable only if they had scienter; that is, the owners were liable only if they knew of the animal’s dangerous or mischievous propensities. Tort law has traditionally sought to balance the “usefulness” of an animal with the risk it represents to the public. Common law torts is a legal structure that seek to allocate risk among the members of society; the more valuable a particular activity to society, the more willing is the society, through its legal rules, to shift risk of the activity to others.
Nicole stepped on Caroline mistakenly, which was an unlawful touching. According to Elliott and Quinn there are three elements to this intentional tort; force, direct application and intent which is so in this case. However, according to Croom-Johnson LJ in the case of Wilson v Pringle “the first distinction between two causes of action where there is personal injury is the element of contact between the claimant and the defendant; that is touching of sort. In the action of negligence, the physical contact (where it takes place at all) is normally through by no means always unintended” . In the action of trespass to constitute battery, it is deliberate. Even so, it is not very intended contact, which is tortious. Apart from in acting in self-defence), there are many examples in everyday life where an i...
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
The intentional or accidental release of a hazardous material is responsible for major injury or fatality
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
Intention in criminal law is when an individual consciously decides to behave in a particular manner to achieve a certain desired result and in doing so commits a crime. It is the highest form of mens rea as someone who intentionally sets out to commit a criminal offence is typically more culpable then an individual who has behaved in a reckless manner, which has consequently resulted in a crime. Intention can be further split into two categories; these are direct intention and oblique intention.
Considerable effort has been expended in attempts to identify the purpose of the law of torts. However, the range of interests protected by the law of torts makes any search for a single aim underlying the law a difficult one. For example, actions for wrongful interference with goods or trespasses to land serve fundamentally different ends from an action seeking compensation for a personal injury. Nevertheless, following the research I have carried out the fundamental purpose of the law of torts is to achieve compensation and appeasement and to obtain deterrence and justice, in order to determine the conditions under which certain losses may be shifted to persons who created the risks which in some way led to the losses. In doing so, the law of torts attempts to balance the utility of a particular type of conduct against the harm it may cause. During the course of this essay I will discuss each function separately and I will investigate how each function achieves its individual resolution of a tort.