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Tort Law Essay Examples

The Tort Law
In the case of a police officer suspected a woman of solicitation and wanted to question her but she turned to go. He held her arm to prevent her from going but she scratched him instead. The lower court found the woman guilty but on...
Pages: 68 (17000 words) , Essay , Law
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The interrelationship of contract law and tort law in the area of remoteness of damage
The law of contracts and the law of torts are separate and distinct, yet interrelated and connected by similarities. One such similarity are the rules regarding the remoteness of damages. The damages remoteness rules limits, in both contract and tort cases, the amount of...
Pages: 8 (2000 words) , Essay
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Analysis of Watkins v Secretary of State for the Home Department and Others Case
It was noted that the right of Mr. Watkins which the 3 prison officers infringed was his constitutional right, so that when they maliciously infringed that right his cause of action in misfeasance in public office was complete even without proof. It was noted that...
Pages: 12 (3000 words) , Case Study , Law
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Essential Elements for Formation of Contract in UK and Invitation to Treat
This essay explores the essential elements for the formation of the contract in the UK and “invitation to treat”. Intention to create a legal relation: Schwartz and Scott concluded that the foremost need of establishing a contract is the will to create a legal relationship...
Pages: 20 (5000 words) , Essay , Law
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Choc Delux: Liability Under the Tort of Negligence
According to English law for tort of negligence, claimant (Kim) needs to prove number decision points to help the court to find evidences of negligence showed by Choc Delux. Decision Point 1: In order to prove evidence of negligence, Claimant (Kim) will need to show...
Pages: 4 (1000 words) , Essay , Business
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The Irish Civil Litigation System Has Facilitated a Compensation Practice and Widened Concepts of Care Duty
Lord Atkins continued to define the term “neighbor” in the legal sense as being “persons who are so closely and directly affected by my act that I ought to reason to have them in contemplation as being so affected when I am directing my mind...
Pages: 14 (3500 words) , Case Study , Law
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The Claim for Negligence
The test for a duty of care was established by the case of Donoghue v Stevenson which also established the principle of proximity and the neighbour test. Under the neighbour principle, the court established the general rule that ‘you must not injure your neighbour ’,...
Pages: 7 (1750 words) , Essay , Law
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Patent Protection and Patentability of the Exit Poll Machine
In the case of Intalite International NV v Cellular Ceilings Limited, it was held that if the invention is not obvious on the skilled worker test, the invention will automatically satisfy the inventive step test and that it is necessary to evaluate the invention as...
Pages: 12 (3000 words) , Assignment , Law
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Business Law Cases, Employer Negligence and Employee Claims
An offer can be revoked at any point before it is accepted, or before the particular auction ends by means of notifying the offeree. Unless an offer has been made on an item, there is no danger of being bound to buy it. If an...
Pages: 12 (3000 words) , Assignment , Law
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Privacy Law: Practical and Moral
Individual is free to be itself, and also the carapace.which protects that space from intrusion”.6 As one can see, the scope and boundaries of privacy law are somewhat confusing, and certainly difficult to define with any degree of clarity. While this affords this area of...
Pages: 6 (1500 words) , Essay , Law
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The Law Commission
The Law Commission has conditionally suggested that ‘greater transparency and consistency be attained through incremental reform by the judiciary’ (The Law Commission 2009, CP No. 189, p. 146); The Law Commission 2001, CP No. 160, which recommended legislative reform). The case of Gray v Thames...
Pages: 10 (2955 words) , Case Study , Law
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Duty to rescue
Punishing criminals in such way can “control their actions because punishment causes pain and” it is but natural for an individual “to try to the best of his or her ability to avoid pain” (Jackson). In relation, it is contended that a unilateral act of...
Pages: 4 (1000 words) , Essay
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Special Training and Development Measures in the Electra Direct Organization
Negligence as a separate tort had materialized after the judgment of the case of Brown v. Kendall, where the fundamental nature of the tort was that an individual is supposed to be subject to liability for being negligent and causing damage to another. It has...
Pages: 11 (2750 words) , Essay , Business
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The Issues of Inviolability of Diplomatic Premises
On Consular Relations which introduced some amendments that made the requirements of inviolability stricter, including the removal of the discretion of the receiving State to enter the diplomatic premises during an emergency. The strong provisions on inviolability provide diplomatic and consular immunities which cannot be...
Pages: 16 (4000 words) , Term Paper , Law
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Business Law - S 18 of the Australian Consumer Law within the Competition and Consumer Act 2010 (ACL)
Enforcement of the provision Section 18 of ACL is arguably wide in its application, considering that it takes care of any individuals who participate in deceptive behaviour and or those intending to do so. Owing to the fact that the Competition and Consumer Act 2010 (CCA)...
Pages: 8 (2000 words) , Essay , Law
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Contemporary Anglo-American Jurisprudence
 Although it is possible to integrate the legal systems of two different countries, Appadurai highlighted the importance of facing the “challenges of transnationalism and the politics of global capitalism and conflicting juridiscapes”. Since the 20th century, developing a single rule in relation to the challenges...
Pages: 12 (3000 words) , Literature review , Law
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The U.S. Health Care System
The U.S. healthcare system consists of multiple systems that operate independently and sometimes it works by collaboration. The state and federal governments divide power in the healthcare sector. For example, products like medical devices and pharmaceuticals are regulated by the federal government. On the other...
Pages: 8 (2000 words) , Essay , Human Resources
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Understanding the Rule or Importance of the Law
Sir William Blackstone British a well-known jurist and educator who wrote Commentaries on the Laws of England presented the early summary of the English Common law. When the British regime came into being the sovereignty of the British Crown also expanded. British laws/subjects not only...
Pages: 12 (3000 words) , Essay , Law
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Mortgages: Barclay's Bank v O'Brien
In Royal Bank of Scotland v. Etridge (No. 2) a wife joined her husband in taking out a mortgage on their marital home, so as to finance the husband’s business. The Barclays Bank v O'Brien decision has given great prominence to the advice given by...
Pages: 8 (2163 words) , Literature review , Finance & Accounting
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Analysis of Global Productivity and Globalization
Peter De Cruz states , ‘As a new era in world history beckons, there seems no better time for the comparatist to take up the challenge and to utilize the techniques of comparative law, to think in more global terms so as to acquire a...
Pages: 10 (2500 words) , Essay , Law
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Personal Injury Law Practicing
Negligent infliction of emotional distress is a tort and by legal definition is known as the controversial cause of action. It goes ahead to affirm that one has a duty to use reasonable care to avoid causing emotional distress to another individual. The negation of...
Pages: 5 (1510 words) , Assignment , Law
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Analysis of Law of Torts Cases
In ‘Ryan v. Youngs’(1938), the defendant’s servant, while driving a lorry, suddenly died, which resulted in an accident and consequent injury to the plaintiff. The driver appeared to be quite healthy and the defendant could not foresee his sudden death. It was held that the...
Pages: 8 (2000 words) , Case Study , Law
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UK Law and the Prohibition of Unsolicited Parties Act 2010
This paper illustrates that in the context of the common law, the employment relationship results to a series of obligations both for the employers and the employees. As an example, an employer needs to secure the quality of training and the safety of employees while...
Pages: 8 (2000 words) , Essay , Law
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Relevance in Tort or Negligence Cases
Any advice from a professional, even if not express or formal or written, is binding even if there is a proviso of non-accountability. The characteristic of that relationship which is not express or formal or written may be denominated as a special in that it...
Pages: 6 (1500 words) , Assignment , Law
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THE LAW OF RESTITUTION
Nonetheless, the law of restitution is often confused through the English courts’ synthesis of equity and contract founded reliefs vindicated under the head of restitution. It is to be noted that the inherent issues with the restitution footed claims is the doctrinal complexity of measuring...
Pages: 9 (2250 words) , Essay , Law
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Sebastian Fortnightly-Smythe works at the London Branch of Morgan Wetherby Investment Bank. His gambling debts from his private life are becoming unsustainable so he embarks on the following courses of conduct at work
Despite this being the law that governed his decision, it is important to note that the judge had the ability to express his views in that he stated that going for the nuisance charge was rather outrageous. This independence was rather clear and concise in...
Pages: 6 (1500 words) , Essay , Law
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Workers Compensation due to Their Injuries or Illnesses
In all the US states, it is illegal for an employer to fire an employee for filing for or using workers’ compensation benefits. Under the law, an employer who fires an employee for seeking workers compensation undermines the policy of the act. Workers compensation statutes...
Pages: 5 (1250 words) , Research Paper , Human Resources
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Law Firm Blair, Peel, and Pitt - Emotional Distress
This is what prompted his decision to replace her with a different person because he could not put up with such form of resistance. This is what prompted his decision to replace her with a different person because he could not put up with such...
Pages: 8 (2000 words) , Assignment , Business
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Corporate Social Responsibility
The role played by the oil multinationals in Nigeria has received increasing attention in recent years as a protest against oil production has grown and with it the repressive response of the Nigerian government. Shell, in particular, the largest producer in Nigeria, has faced a...
Pages: 26 (6500 words) , Term Paper , Marketing
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Suit against the Church of the Divine Light
The term "false imprisonment" is misleading in that it does not necessarily refer to confinement within a prison.  Ware v. Dunn, 80 Cal. App. 2d 936, 183 P.2d 128 (2d Dist. 1947). The term is broadly construed to mean detention of the plaintiff within boundaries...
Pages: 13 (3329 words) , Assignment , Law
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The Comparative Law
The applicability of comparative concepts is still an open question posed to the discipline of comparative law. Comparative concepts are concepts that are applied in micro-comparative research. They provide with criteria on the basis of which the rules of different legal systems may be compared....
Pages: 15 (3750 words) , Research Paper , Law
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Duty of Personal Performance, of Care and Skill, Duty to Obey
Generally speaking, the agency is an exception to the doctrine of privity in a contract in that a principal is bound by all acts of his agent by virtue of an agreement between him and the agent. Both law and specific terms of the contract...
Pages: 8 (2164 words) , Coursework , Law
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Construction Law Report
Contract law: Legal and Procedural ImplicationsInvariably, the presence of the discovered iron anvils projects upon the overall construction work schedule in terms of projected period cost implications and required work force. Adding to this is the projected influence upon contractual terms of the agreement, represented...
Pages: 7 (1750 words) , Essay , Law
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European Convention of Human Right and the Impact of the Human Right Act 1998
League of Nations started at the First World War and under its auspices, laws relating to war and slave trade were intensified and there was also an imitative to protect the rights of minorities. International Labour Organisation established in 1919 imposed obligation on the States...
Pages: 15 (3750 words) , Assignment , Law
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The Exclusion from Liability Clause and the Hotels Liability
 The exemption of liability clause in which the hotel is attempting to limit/exclude liability relative to injuries sustained by a guest using sporting facilities will depend on whether or not it is valid and provided John had the requisite notice of its existence.   The general...
Pages: 8 (2000 words) , Case Study , Law
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Common law
Unilateral contracts are common when one of the parties is offering a reward for the finding of a specific item. The person offering the reward would only have to make the payment if the other party found and returned the lost item. Katie could also...
Pages: 6 (1500 words) , Essay
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International Business Law - Common Law and Legislation
Common law which is also known as case law which is the law developed case by case in the courts (Du Plessis 1999). Thus, this law is laid down by the courts and refers more specifically to the origin of the law as compared to...
Pages: 12 (3000 words) , Essay , Law
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Land law
British Airways Board [1982] Q.B. 1004, 1019E which stated that the principle applies when there is a dispute as to whether the object in dispute is found in or not attached to the land in question. Further, the owner of land usually has better title...
Pages: 9 (2250 words) , Essay , Law
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Nuances of Medical Malpractice Law
Rodney Comeaux was full of complicated health problems since when he was young. Diagnosed with Sickle Cell Anemia at an early age of six months, Rodney was never in perfect health. Sickle Cell Anemia (or SCA) is a genetic abnormality in the blood which is...
Pages: 8 (2260 words) , Case Study , Law
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Berkoff v Burchill - Lawsuit against Journalist for Insulting Famous Director
The appellants of the case Berkoff v Burchill relied on the arguments that the definition of tort of defamation is hinge on the idea that injury was caused to the reputation of the appellee. The fact that “a statement may injure feelings or cause annoyance...
Pages: 6 (1637 words) , Case Study , Law
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What Is International Law All about
In general, customary law and law made by international agreement have equal authority as international law. Parties may assign higher priority to one of the sources by agreement. However, some rules of international law are recognized by the international community as peremptory, permitting no derogation. Such...
Pages: 14 (3500 words) , Coursework , Law
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The Comparison of the Traditional Rules along with that of Regulation 44/2001
The major change that the formation of European Union had brought in to the legal fraternity of the European nations, that are the members of the European Union, to the extent that the regulations are turned to laws in the members states from the time...
Pages: 7 (2188 words) , Research Proposal , Law
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Terms and Contents of a Valid Contract
The author of the paper tells that an agreement commonly comprises of a variety of terms. Yet the simplest type of agreement or contract will include the terms on which the contract is based upon. The terms of a contract can be implied or express....
Pages: 10 (2500 words) , Case Study , Law
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Ethics and law in nursing
In this adult case study, the patient had no clear appreciation and understanding of the facts when she consented to the surgery. She had senile dementia which compromised her ability to issue her informed consent. Moreover, her capacity to give consent to the...
Pages: 9 (2250 words) , Essay
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Project Risk Management at the Stage of Planning in Building/Property Development
Such as type of project, size of project and changes or modifications expected during construction stage are taken into account in finalizing the method. Scope creep or focus creep in project management occurs when the project lacks proper definition with regard to its scope resulting...
Pages: 14 (3500 words) , Assignment , Management
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The Legal Profession:Definition and Meaning
I discovered that in some ways, the study of law is as complex as philosophy, since the practice of law presents a challenge whereby sparsely available principles need to be applied within a wide variety of  dissimilar situations, where clear precedents may not exist in...
Pages: 9 (2250 words) , Essay , Education
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The Principal Rules of Evidence in Criminal and Civil Trials
The admissibility of the types of evidence such as a confession alleged to have been obtained by oppression fall to be dealt with as preliminary matters in criminal proceedings. The party seeking to have such evidence admitted will have the burden of proving that it is...
Pages: 14 (3500 words) , Essay , Law
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Understanding of the Implications of Australian Legal System
The offer must be communicated in a clear format and reveal all material facts pertaining to the contract. The other party (offeree) must then carefully consider the terms of the contract and if in agreement communicate acceptance of the contract to the offerer within the...
Pages: 10 (2500 words) , Assignment , Law
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Simulated Rape Cases
Clarice was within the statutory time-limit, so she must have failed to convince two doctors that any of the provisions of A-G had been met. The doctors’ reluctance may have stemmed from the fact (assuming that Clarice told them) that she had been raped, and...
Pages: 11 (3075 words) , Assignment , Law
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Categorizing the Differences in Termination of Contracts
In negotiations, every discussion is in a friendly manner and both parties are willing to resolve the dispute without getting bitter with each other. Both parties do get expert negotiators to represent their claims in a better way but everything is settled without any hard...
Pages: 7 (1750 words) , Coursework , Management
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