Tort Law Exercise

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Tort Law Exercise Chapter 10 1- Since tort law compensates not only physical injury or loss but also mental pain and suffering and other forms of emotional distress, Jean – Guy may seek compensation for both: Non-pecuniary damages and pecuniary damages. First, non-pecuniary damages could be claimed, for he would have limited movement on his right arm and he is right-handed. Also, he missed his exam and one term of his study. Moreover, there is an emotional damage because he cannot find a job in his “dream” field of work as an IT specialist. JeanGuy can also claim pecuniary damages since he would need future care for his injury, he will lose income for some time before he is able to work and make money again, and the special damage on his arm limits his future income because there are job he was able to do that he would not be able to perform anymore, and this would probably limit his future income too. Chapter 11 2- The foundation of the negligence law is that providing remedy to the plaintiff who has suffered a loss or injury due to the unintentional conduct of the defendant. The first step in four stages in determining if there is a negligence action is making sure if the defendant owe the plaintiff a duty of care. The claim of Paul’s wife regarding the night club failing to provide security outside the club is not a proof of causation. The security guards for night clubs “known as bouncers” usually provide access control for busy nightclubs and screen those who enter (not those who leave) since their duty is to provide security and order for guests. Moreover, they do not carry firearms, and police only can deal with such incidents of guns and shooting. There is no relationship of sufficient proximity between parties since Paul had left the club before he was shot and killed, unless there was a policy enforces the club to protect its guests (duty of care)

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