A tort is committed against an individual or legal entity or company. When a person commits a tort they become liable for damages, damages are compensations usually paid in monetary terms by a person who commits a tort to a the injured person or party who have suffered harm or injury at the expense of an individual’s act or omission. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. ELEMENTS OF A TORT Tort is a remarkably wide-ranging subject and maybe the most difficult of all legal areas. The question is how we establish liability in in tort.
The judge in the Hudson’s Bay Company case awarded the plaintiff damages for surveillance and investigation; this is similar to what is being sought in the Northland Corp v. Brat Simpson, Arty Dodger case, the action against the defendants is for the amount of $750.00 for the “cost of security, prorated between offenders caught shoplifting within the store and the amount owing remains a just debt improperly withheld by the Defendants.” The only reason the judge in the Hudson’s Bay Company case gave for awarding the damages was that, "…the case cries out for an award of punitive damages”. The cost of shoplifting is very high, it cuts into the profit margin of the retailer and is paid for by the consumer. It requires stores to invest in more complex means of security. This could be the reason why the judge in this case felt
Under California law, trespass to chattels "lies where an intentional interference with the possession of personal property has proximately caused injury." (Thrifty-Tel, Inc. v. Bezenek (1996) 46 Cal.App.4th 1559, 1566, 54 Cal.Rptr.2d 468, italics added.) In cases of interference with possession of personal property not amounting to conversion, "the owner has a cause of action for trespass or case, and may recover only the actual damages suffered by reason of the impairment of the property or the loss of its use." (Zaslow v. Kroenert, supra, 29 Cal.2d at p. 551, 176 P.2d 1, italics added; accord, Jordan v. Talbot (1961) 55 Cal.2d 597, 610, 12 Cal.Rptr. 488, 361 P.2d 20.)
Eg stealing or borrowing money from a confused individual or withholding pension or cheques from an individual. Signs/Symptoms :- Unexplained sudden inability to pay for bills or maintain lifestyle, unpaid bills, unusual or inappropriate bank account transfers, withholding money, recent changes to property deeds, will or insurance policies,
Machinery was foreclosed and repossessed. Major, Aronowicz, and Duncan sued Nalley’s for damages under the doctrine of promissory estoppel. The issue in this case was whether or not Nalley’s Inc. acted unethically, and if Major will be able to sue for
WORKSHOP ANSWERS VICARIOUS LIABILITY – WHERE’S THE BLAME? Adam Chippindall, Stephen Garner & Abigail Stamp, Guildhall Chambers 1. At the trial of the action, in respect of the assault on Carl by X, what hurdles will Carl need to overcome in order to establish liability? There are a number of hurdles that Carl will need to overcome in order to succeed with his cases. These include showing that the Defendant failed to provide a safe system of work, that Carl was exposed to a foreseeable risk of injury and causation.
Intentional Tort M230/HSC2641 October 20, 2013 Robert Feightner Intentional Tort Intentional tort is a deliberate or premeditated injury that is inflicted on one person by another individual. It can be separated into six categories, which are assault, battery, false imprisonment, defamation of character, fraud, and invasion of privacy. A person who is suffering from those injuries whether it is mental or physical injuries can file for a tort case, which may result in monetary damages. However, the plaintiff must demonstrate that the defendant owed the plaintiff duty of care, caused their injuries, to include, failed to provide proper standard of care (Pearson Education, 2010). An example of intentional tort under the category battery
The criminal act (actus reus) is the movement or detention of an individual without their consent by force or threat of force (Lippman M.2012). The MPL states: “confining an individual for a substantial period of time in an isolated location with a specified intent. This is intended to punish the “frightening and dangerous” removal of a victim from a safe environment to an “isolated” location where he or she is outside the protection of the law.” Pg. 396 (Lippman M.2012). This is a crime against persons and punishable in all but four states by life in prison or the death penalty.
A tort is when someone (a person, group, or company) or something causes another person a personal injury or their property to be damaged. Basically, torts are civil wrongs and are legally the grounds for a lawsuit. These can be willful in nature or due to negligence. Torts are in place to make the person causing the injury or damage to be held responsible (accountable) for these actions, injuries or damages. Personal injury can be a wide variety of injuries from a minor abrasion due to a fall up to and including death.
In order to establish a false arrest claim, the person detained must prove that the arrest is unlawful and such unlawful arrest resulted in injury. An arrest is unlawful when the police officers in question did not have probable cause to make the arrest. An arresting officer who fails to take the arrested person before a court or magistrate within a reasonable time or without unnecessary delay is guilty of false imprisonment. Similarly, an officer who arrests a person without a warrant is liable for false imprisonment by detaining the prisoner an unreasonable time. Generally, false arrest is one of several means of committing false imprisonment.