Tort Case Studies Samples For Students

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

1. Intentional harm to someone was the first tort committed. It was committed by George Walton. Dekker could sue Walton for slander because he was accused of stealing Walton’s hat. Since torts arise because of negligence or purposefulness, the crime could go both ways for both persons.
2. Walton could also sue Dekker for committing a tort and have him prosecuted for taking his hat. The tort would be res ipsa loquitur, which means that Dekker actions were negligent. The incident would not have occurred if he was not negligent.
3. In the third case, intentional harm ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

1. Which of the four privacy torts are involved with regard to this case? Is this a case of libel?

Libels as well with the invasion of privacy are two very important issues in communication law. Libel denotes to anything falsely printed and observed communication created of an individual with the intent to denigrate that individual. It is a printed depiction transmitting an unfair and inauspicious notion primed with the aim of spoiling an individual's repute. If the accused is capable of illustrating that the derogatory proclamation is fundamentally accurate, then the claimant's claim for libel will be unsuccessful. The publication requires solely be to a single individual, however it ought to be a declaration which declares to be reality, and is ...

601 F.2d 516 (10th Cir. 1979)
Summary of the Key Facts: During the 1970s Dale Hackbart played for the Denver Broncos football club as a defensive back. At the same time, Charles Clark played for the Cincinnati Bengals football club as a running back. In a December 1973 game between the Broncos and the Bengals, out of frustration for a turnover by his team, Clark deliberately struck Hackbart on the head and neck away from play in manner that was later deemed a personal foul and dangerous (Hackbart). However, as no official saw the act, Clark and the Bengals ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

Affiliate institution

The media greatly influences our perceptions about an event; it determines how we are likely to perceive the event. The media is the main channel through which the ordinary person gets all the facts about an event. Misleading information from the media is likely to lead a person astray. According to psychologists, first impressions about something really matter. Whatever we hear, see experience or feel during the first encounter with something solely determines how we perceive the rest of it. If the media draws attention to certain facts or details, it can change the prior information that we already ...

- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

Business Law Case Study

The issue for determination in this scenario is whether or not the service of process on Dr. Bardwell through his wife service was an effective service. An effective service of process is undertaken when the summons and complaint are handed to the defendant himself, but not any other person. Personal service of process in this case means that even when the complaint and summons are left where the defendant operates business or where he lives, and the agent therein accepts service and signs, it is considered to have been effected, even when it is delivered via registered mail. The ...

There are several legal issues arising from the third scenario. First is whether the employer, the Lazy River, Inc. is liable for Lucy’s failure to adhere to reasonable commands directed to her by her boss Mike. The second issue is whether the sixteen (16) year old worker was an independent contractor, if so, whether it is the employer or the hiring party that is liable for injuries to the independent contractor. The third issue is that of negligence. That is, whether the company was negligent for failure to foresee that the toxic chemicals present in water could cause ...

In this case, Brian was speeding in a place where whoever was planning to turn was required to give way to the vehicles behind first. However, randy’s car was hit after violating the traffic rule of giving way to the vehicle behind, which is the BuGusa van. However, it is also important to note that the Randy’s car suffered damages after being hit by the BuGusa van from behind.
This case is more in favor of BuGusa than it is for Randy. For instance, a tort can only be justified if the tortfeasor was found guilty of causing ...

Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.

Issue:

Does the cap on tort recovery damages imposed by Mexican law render Mexico an inadequate forum for resolving a tort suit by a Mexican citizen against an American manufacturer and an American airbag designer?

There are four consideration for the court to take into account when determining a case of forum non conveniens. The first factor is whether an alternative forum is available. In making its determination of whether an alternative forum is available, the court will look at ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

The following sample is crafted by our free essay writers so that you have a perfect example of Patient Safety Movement case study for your homework.

Introduction

The recent expansion of healthcare ethics to evidence based research practice aims to address patient safety issues surrounding medical treatment an intervention. The “nature, behaviour and consequences of patient safety incidents and their surrounding circumstances” are a longstanding concern, and one which has the potential to cost healthcare institutions exceptional levels of expenditure in medical malpractice damages.
The World Health Organization (WHO) policy outlined in Ethical Issues in Patient Safety: Interpreting Existing Guidance covers the framework to ethical practice in medicine (WHO, 2013). Research inquires directed at resolving ethical challenges in contemporary policy and procedure (i.e. informed consent), inform ...

Knarles and Barkley Case Study

Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

How this scenario relates to an area of law taught in Introduction to Business Law

The tort of negligence is the area of law which this scenario relates to. LMS has threatened to seek legal action against Chuan & Associates to recover damages for the harm suffered because of the approval of financial statements which had material misstatements by the audit firm. Everything 4 Less Limited (E4L) acquisition was a decision based on the information contained in those financial statements and LMS suffered financial loss by relying on them. The statements had overstated the value of the company’s inventories, and this had increased the value of the company during the bid and subsequent acquisition.

The legally important facts in the scenario

...

Facts

The case under scrutiny is named as Echazabal v Chevron USA, Inc. This is a case about a legal tussle between a man called Mario Echazabal and the firm for which he used to work viz. Chevron. The reason why Echazabal decided to sue his employer Chevron was that his employment offer was rescinded due to direct threat reasons by Chevron. The company came up to such a decision because they came to know about the ill-health of Echazabal and also that it was getting damaged due to him working in the cocker unit of the refinery. Echazabal was later diagnosed with Hepatitis ...

[Student’s Name Here]

Jurisdiction: Public disclosure of private facts under the state of Michigan
I. Alex Como has a legal basis for filing a case against Sarah Falinsky for invasion of privacy by Public Disclosure of Private Facts.
Como has a legal basis for filing a case against Falinksy for invasion of privacy by public disclosure of private facts according to the privacy tort of public disclosure of private facts.
This memo will now discuss whether Como’s claim is strong enough to charge Falinsky for invasion of privacy given the provisions stated under the elements of private facts.
...

Torts Exercise—Fall 2013

1.) Issue: Is Dr. Intenzio liable for selecting Madison Outpatient Pharmacy?
Rule: Under the principle of negligence, the law requires evidence that must show that there was a specific duty on the part of Dr. Intenzio to provide care for Adam and that he breached the duty of care, which resulted to actual and the proximate cause of Adam’s death. As a result, it entitled the estate of the deceased to recover for damages for failure of the parties to present an adequate defense.
Application: In the case of Dr. Intenzio, he has the duty to provide care ...

REYNOLDS V. ETHICON ENDO-SURGERY, INC., 454 F.3D868 (8TH CIR. 2006)

Parties: Appellant; Bethany Reynolds, Respondent; Ethicon Endo-Surgery, Inc & Dave Burns
Procedural History/ Case Nature: The respondent was sued by its former employee, Bethany, for infringement of Title VII of the Civil Rights Act. Bethany also in the same suit enjoined David Burns her former immediate supervisor, negligent and intentional infliction of emotional distress. The suit was brought to Court District of South Dakota, where summary judgment was granted to Ethicon and Dave. Bethany appealed.
Facts of the Case: Bethany was employed by Ethicon as a sales representative. Three ...

- What are the ethical issues in this case?
There are different ethical issues evident within the BP Oil Spill case. In the case study the main ethical issue is the impact the oil spill had on mental health of various stakeholders. Despite the significant impact of the spill on the mental health of various people, the organization responsible, British Petroleum, did not take the right measures. Therefore, other than the consequence of the oil spill on the mental health being an ethical issue, the other ethical issue is the lack of response on the same despite the ...

Kansas Supreme Court- Case # No. 102, 100 Evenson v. Lilley
Mark Evenson and Janis Evenson v. Tim Lilley, No. 102, 100.

The Evensons owned 160 acres of property in Greenwood County. In the property, there were several pine and fruit trees, other trees and some buildings.

Part of the property was leased while the other was used for camping, hunting and other leisure activities.

Tim Lilley had leased the property bordering.
He started fire on it which he intended to control but lost control of it thereby spreading to Evensons’ property.
The fire destroyed some buildings and some trees. The Evensons subsequently filed a suit claiming damages of up to $75, 000.

Lilley had accepted liability and the issue for determination by the District Court was the quantum of damages.

The Evensons wanted ...

Topic: Business Law

1. Explain how this scenario relates to an area of law taught in Introduction to Business Law. (2 marks)
Introduction to business law is a phenomenon that aids business mangers and everyone within the business environment to be aware of the legal environment that the business operates in. C & A engages an internal auditor to carry out auditing of their financial books of accounts and through intimidation, Julia who has been engaged as the internal auditor caries out the task negligently and later an external auditor is engaged to check on the correctness of the financial books. Fortunately or ...