Acing Tort Law

Author: Shubha Ghosh
Publisher: West a Thomson Reuters Business
ISBN: 9780314279972
Size: 22.65 MB
Format: PDF, ePub
View: 5201
Download Read Online
Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book combined with concise analytical summaries of the leading issues in tort law.

Shapo S Principles Of Tort Law 3d Concise Hornbook Series

Author: Marshall Shapo
Publisher: West Academic
ISBN: 1628107138
Size: 66.10 MB
Format: PDF
View: 3743
Download Read Online
In re Marriage of Tigges, 758 N.W.2d 824 (Iowa 2008). 16. Case summary in Trial
Magazine, March 2009, at 60. 17. 758 N.W.2d at 825. 18. Id. at 830. 19.
Sepulveda v. Ramirez, 967 F.2d 1413 (9th Cir.1992). The social balancing will
change with different facts and legal contexts—for example, outside the realm of
tort and tort-type suits when the plaintiff challenges a regulatory safety rule as
impinging on privacy. Illustrative is a holding that a state racing board may
require jockeys and ...

Acting Intentionally And Its Limits Individuals Groups Institutions

Author: Gottfried Seebaß
Publisher: Walter de Gruyter
ISBN: 3110284464
Size: 35.24 MB
Format: PDF, ePub
View: 3041
Download Read Online
In German private law, as well as in most other legal systems, there is a clear
division between contract law and tort law. Since many of the questions which
arise in tort law, specifically the law of delict, in the context ofintentionality also
arise in the corresponding discussion of criminal law, especially concerning
criminal intent, this article will focus on questions of contract law, in particular of
the declaration of intent. In German private law, these questions are principally
treated in the ...

Justice Rights And Tort Law

Author: M.E. Bayles
Publisher: Springer Science & Business Media
ISBN: 9400972032
Size: 49.67 MB
Format: PDF, Mobi
View: 3760
Download Read Online
connected" with another individual's failure to act in such a way as to prevent it.”
Holmes, in The Common Law, describes some of the early moves of this sort: “To
charge a man for not acting, you must show that it was his duty to act. ... The
ground of liability was that the defendant had started upon the undertaking, so
that his negligent omission, which let in the damage, could be connected with his
acts as a part of his dealing with the thing.” This line of thought, according to
Holmes, ...

Constitutional Law And Criminal Justice

Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1420086111
Size: 12.63 MB
Format: PDF, Docs
View: 5228
Download Read Online
42 USCS § 1983 gives remedy—action at law, suit in equity, or other proper
proceeding for redress—to parties deprived of constitutional rights, privileges,
and immunities by an official's abuse of his position (Monroe v. Pape, 1961). The
general guidelines of the common law actions and § 1983 are very similar with
the exception that under 1983, the individual suing (plaintiff) must show that the
wrongdoer (tort feasor) was acting under the “color of law.” Federal Civil Rights
The ...

Unification Of Tort Law

Author: Dr. Pierre Widmer
Publisher: Kluwer Law International
ISBN: 904112098X
Size: 55.67 MB
Format: PDF, Kindle
View: 4113
Download Read Online
Overtired rescuer [32] It seems that D will not be liable for malpractice because of
absence of negligence on his part, for the following reasons: In the first place D
acted in a situation of sudden emergency96 where the law cannot expect him to
show the same judgement and skill as an assistant doctor who is not acting in
such urgent circumstances. The following requirements for the defence of sudden
emergency seem to have been met: (i) D was faced with a situation of imminent
peril; ...

Unification Of Tort Law

Author: Jaap Spier
Publisher: Kluwer Law International
ISBN: 9041121854
Size: 29.67 MB
Format: PDF, ePub
View: 6414
Download Read Online
As to the shooting, the rule is that an employee who acts for his own ends and not
on behalf of the employer is not acting in the course of employment.80 On the
other hand, the “degree of deviation” rule broadens the employer's vicarious
liability: a minor deviation – a mere “detour” from the authorized course – is
deemed to have been performed within the scope of employment.81 Could the
shooting be considered a “detour” so that D would be held vicariously liable to P2
? That may ...

Human Rights And Private Law

Author: Katja S Ziegler
Publisher: Bloomsbury Publishing
ISBN: 1847313604
Size: 28.43 MB
Format: PDF, ePub, Mobi
View: 1439
Download Read Online
Series. Editor's. Foreword. Privacy is a fascinating topic. One of the reasons for
this is surely that, as one commentator has observed, in many of the leading tort
cases everyone involved 'is acting appallingly badly': the press is highly intrusive
and fabricates interviews, whilst footballers cheat on their wives, supermodels
deceive the public about their drug addiction or, to add a prominent but less
recent German example, actors actively support the Nazi regime. For a long time,
privacy ...

Louisiana Tort Law

Author: Frank L. Maraist
Publisher: LexisNexis
ISBN: 157911945X
Size: 44.70 MB
Format: PDF, ePub
View: 7750
Download Read Online
They believed it was necessary to separate the cause-in-fact and proximate or
legal cause issues, something proximate cause did not always do.1 They
perceived (because proximate means near) that framing the specific risk issue in
terms of proximate cause tended to result in imposition of liability upon only the
last-acting of several tortfeasors, although policy might dictate that earlier-acting
wrongdoers should share the blame.2 Most importantly, Malone and Green
recognized that ...

The Theory And Principles Of Tort Law

Author: Thomas A. Street
Publisher: Beard Books
ISBN: 9781893122178
Size: 68.29 MB
Format: PDF, Kindle
View: 4977
Download Read Online
There has been no conversion.4 A removal of another's goods not being an act of
disseisin per sc, the plaintiff who seeks to hold one liable for conversion by such
an act must show that it was done with intent to deprive the true owner of his
rights.11 If the property of A gets on the land of B, the latter may remove it to
another place, and if he does so, recognizing A's ... One who lends his active
assistance in a conversion of goods generally becomes liable, though not acting
for himself.