Identify and discuss the legal concept of tort. A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person: Intentional tort, negligence tort, and strict liability tort. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered. To simplify this, let 's say while walking down the aisle of a grocery store, you slip on a banana that had fallen from a shelf. You become the plaintiff, or injured party, and the grocery store is considered the tortfeasor or defendant, the negligent party. (http://study.com/academy/lesson/what-is-tort-law-definition-and-examples.html) Here is the difference between the three types of torts:
1) Intentional: an act that is intentionally committed against another person with the aim of causing harm. There are several intentional torts
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Robert intentionally diluted drugs for patients for the purpose of monetary gain. This is known as a counterfeit drug. A counterfeit medication or a counterfeit drug is a medication or pharmaceutical product which is produced and sold with the intent to deceptively represent its origin, authenticity or effectiveness. A counterfeit drug may contain inappropriate quantities of active ingredients, or none, may be improperly processed within the body (e.g., absorption by the body), may contain ingredients that are not on the label (which may or may not be harmful), or may be supplied with inaccurate or fake packaging. Medicines which are deliberately mislabeled to deceive consumers—including mislabeled but otherwise genuine generic drugs—are counterfeit. Counterfeit drugs are related to pharma fraud. Drug manufacturers and distributors are increasingly investing in countermeasures, such as traceability and authentication technologies, to try to minimize the impact of counterfeit drugs.
Purposefully or knowingly; this differs from willingly – MPC did away with malice (Dressler, 2015).
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence.
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
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.
In 1992 then pharmacist Robert Ray Courtney started diluting medications that were given to patients by injection or infusion. In 1998 a sales representative from one of the drug companies, Darryl Ashley, noted a discrepancy in the amount of drugs Courtney ordered and dispensed. Eli Lilly was notified and investigated how Courtney was supplied the drugs. Finding that he did not go outside their supply chain, Eli Lilly did not pursue the issue any further. However in 2001 Ashley mentioned this in the office of Dr. Verda Hunter who sent samples of the drug in question to a laboratory for testing (Draper, 2003). In July of 2001 a federal investigation begins and on August 15, 2001 Courtney surrenders to the FBI.
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation from another's negligence, the injured party must prove that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, that the defendant's action was negligent not what a reasonably prudent person would have done, that the damages were caused by the negligence. Discipline also means accepting punishments for violation.
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...
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).
I am going to write this paper on tort reform, what it is and its overarching role in the documentary. Tort Reform is defined as “proposed changes in the civil justice system that aim to reduce the ability of victims to bring litigation or to reduce damages they can receive”. Another theme that I believe ties in really well with the idea of tort reform is the idea of how big of an influence money has in politics. Many people would agree that there are a lot of companies that would want tort reform so they don’t have to worry about losing millions of dollars.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
However, she would have been aware of a high probability of serious injury or death and therefore was found guilty of oblique intention. In this case causing harm was not intended but resulted.
Tort is a word developed to describe in general the different types of claims that are normally imposing economic and financial losses that are because of some kind of misbehavior, apart from breach of contract. The term is used to refer to this type of claims, false presentations, fraud, breach of contract, encouragement, unfair competition, trade name and trademark infringement and interference with business relationships (Emanuel, S.
The U.S court system has numerous cases in it, they range from multi million dollar cases (including the bank crisis, or the car business for example) to less severe cases called torts. A tort is a legal term defined as “ A wrongful act that does not include breach of contract. This offense damages the injured parties property or reputation, leaving that party able to gain compensation.” (Dictionary.com) The book The King of Torts is about a man named Clay Carter. He has a stable job, it doesn’t pay as much as he wishes. He in the scheme of one week goes from making $100,000 a year to making $5,000,000 in one case. This is all because he filed something called a mass tort (also known as a class tort).