Download or read book Tort Law And Criminal Law And Contract Law written by Johnny Ch Lok and published by . This book was released on 2019-09-06 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: negligence and malpracticeNegligence is a failure to follow the degree of care that would be followed by a reasonably prudentperson in order to avoid foreseeable harm. A person can be negligent if he or she acts with less care than a reasonable person would use under similar circumstances.Bob drove a car on a country road at 35 miles an hour. The maximum speed limit was 45 miles anhour. He struck and killed a cow that was crossing the road. The owner of the cow sued Bill for thevalue of the cow. Bill said that since he was not driving above the speed limit, there could be noliability for negligence. Was this defense valid? No. A person must at all times act in the manner inwhich a reasonable person would act under the circumstances. The fact that Bill was driving withinthe speed limit was only one of the circumstances to consider. The weather or the condition of theroad may have made it unreasonable to drive at 35 miles an hour. Driving slower than the speedlimit does not in and of itself prove that the driver was acting reasonably.The reasonable person standard varies in accordance with the situation. The degree of care required of a person is that which an ordinarily prudent person would exercise under similar circumstances. This does not necessarily mean a degree of care that would have prevented the harm from occurring.The elements required to establish negligence are: the presence of duty; a voluntary act or failure to act (an omission) that breaches the duty; proximate causation of harm; and damage (i.e., the breach of duty causes harm to the plaintiff).Torts involve duties created by law. Just because someone is hurt does not mean that someone elsemust pay for the harm. There must have been a duty which has been breached. A plaintiff will notbe allowed to recover from a defendant if the defendant did not breach a duty that was owed to the plaintiff. For example, if a burglar breaks into my house and trips over an item of furniture, I am not liable to the burglar because I had no duty to him. However, if a guest in my house trips over a piece of furniture, I may have a duty to that guest. The breach of duty must result from a voluntary act or failure to act.In order for someone to be legally responsible for damage, it is necessary to show that the wrongful act was the proximate cause of the harm. The injury must be shown to be the natural and probable result or consequence of the alleged act of negligence. The plaintiff must prove that the defendant's negligence proximately caused the Plaintiff's injury. There may be more than one proximate cause of an accident.The final element of negligence is damages. A plaintiff may recover monetary damages tocompensate the plaintiff for economic losses such as lost wages and medical expenses. A plaintiffmay also recover non-economic losses such as for pain and suffering. The former are claimed on anormal accounting basis, and the latter are at the discretion of the judge.(7) MalpracticeMalpractice is a failure by a physician or other professional to use the skill and care that othermembers of their profession would use under similar circumstances. When an accountant, doctor, attorney, or some other professional contracts to perform services, there is a duty to exercise skill and care as is common within the community for persons performing similar services. Failure to fulfil that duty is malpractice.(8) NuisanceNuisance is a civil wrong, consisting of anything wrongfully done or permitted that interferes with or annoys others in the enjoyment of their legal rights. It is anything that annoys or disturbs the free use of one's property or that renders its ordinary use or physical occupation uncomfortable.
Download or read book The Law of Duress and Necessity written by Nathan Tamblyn and published by Routledge. This book was released on 2017-09-07 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.
Download or read book Contract Law and Tort Law a Casebook Study Approach written by Olga Posse and published by . This book was released on 2012-08-04 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unit 1 of this casebook covers U.S. Contract Law. Students will learn how to form contracts, how contracts are performed, and how to remedy a breach of contract. Contracts are involved in almost every field of law, and paralegals are often involved in resolving contract disputes. From a dispute over a repair bill to a major commercial transaction, lawyers rely on paralegals to assist them in protecting the contractual interests of their clients. To be effective, a paralegal must understand the basic principles that apply in contract law. This casebook will also specifically benefit pre law students by helping them to learn the fundamental rules of U.S. Contract law. It will help them to become proficient at applying those rules to analyze disputes that arise in connection with the formation, expression, interpretation, and breach of contracts. Finally, pre law students will learn how to use contract law and analytic skills to spot and argue issues on 1L contract law exams. Unit 2 of this casebook covers U.S. Tort Law. Tort law is one of the most important bodies of law because it governs everyday human interaction, and it is one of the most important fields of paralegal employment. This unit provides students with a general understanding of the laws dealing with civil wrongs and remedies for wrongs, including intentional torts, negligence, strict liability, defamation, invasion of privacy and the factors that affect a plaintiff's right to sue a defendant. Because tort law arises from everyday life, it is one of the most interesting and relevant areas of law.At most American law schools students are required to take the same core 1L classes -Contract Law, Tort Law, Civil Procedure, Constitutional Law, Criminal Law, Property, and Legal Research & Writing. During 1L, law professors primarily teach using the case study method. But it is not until the very end of the semester that students begin to see how an area of law takes shape and how the rules they have learned during the semester interrelate. By studying contract and tort law before 1L, students are exposed to some of most important cases they will read during their first year, and they will have an early opportunity to brief pivotal case law and to practice legal analysis and reasoning that is directly adaptable to their 1L classes.
Download or read book Contract Law in Focus written by Michael B. Kelly and published by Aspen Publishing. This book was released on 2016-09-20 with total page 1155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive, practice-oriented approach to the legal and practical aspects of contract law, Contract Law In Focus offers realworld scenarios throughout give students numerous opportunities to apply and solidify their understanding of important concepts. Clear explanatory text, Case Previews, and Case Follow-ups further clarify the doctrine and aid in student understanding. This text begins with a helpful introduction to the study of contract law, providing basic information about the way contracts are governed in the United States. It then introduces formation of contracts, covering offer, acceptance, consideration, and exceptions to consideration. The casebook moves on to provide clear and comprehensive discussions of defenses, excuses, and remedies for breach. By effectively synthesizing the statutory law, common law, relevant rules, and secondary sources, while offering a focus on understanding contract law -- as it developed in the past, exists today, and will evolve in the future -- the authors have created an indispensable guide for students learning contract law.
Download or read book Contract Law written by Routledge and published by Psychology Press. This book was released on 2006-02 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'These spiral-bound beauties fit neatly into any handbag or large pocket and are an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' Lex Magazine 'Miracles of compression', Barbara Watts, teaching Fellow, University of Nottingham. Cavendish lawcards are complete pocket sized guides to the key examinable areas of law. Their concise text, user-friendly layout and compact format makes them the ideal revision aid for identifying, understanding and memorizing the vital aspects of each area of law. Important features of the new edtion include: New four colour text design for easier navigation throughout each book Colour coded highlighting of cases and legislation Diagrams and flowcharts Bullet points of crucial information Titles in the series include: Business Law ~ Commercial Law ~ Company Law ~ Constitutional Law ~ Contract Law ~ Criminal Law ~ Employment Law ~ English Legal System ~ European Union Law ~ Evidence ~ Family Law ~ Human Rights ~ Intellectual Property Law ~ Jurisprudence ~ Land Law ~ Tort Law ~ Trusts Law.
Download or read book Roman Law and the Legal World of the Romans written by Andrew M. Riggsby and published by Cambridge University Press. This book was released on 2010-06-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Download or read book The Common Law written by Oliver Wendell Holmes and published by Harvard University Press. This book was released on 2009-04-15 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.
Download or read book Tort Law in Focus written by Geoffrey Rapp and published by Aspen Publishing. This book was released on 2020-02-02 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Tort doctrine is complex and nuanced on its own; a torts casebook that mystifies first year students will not help them develop the core skill of legal analysis. Tort Law in Focuspresents concepts in a way that students can understand and apply. Rather than hide the ball, Geoffrey Rapp explains new terms clearly, and guides students in the specific techniques of applying tort law to practice-based problems. Along with concrete examples, Tort Law in Focus provides clear and thorough introductions to those areas of tort law (such as proximate cause under the dominant and new Restatement approaches; res ipsa; factual cause, including but-for cause and alternatives in special cases like indivisible injuries and alternative causes; the duty of owners and occupiers of land; and comparative negligence) that are especially challenging for first-year law students. Professors and Students Will Benefit From: Clear introductions and transitional text that frame key rules, concepts, and cases A wide selection of modern, high-interest cases that apply dominant legal rules, and which, where possible, interpret and apply the Restatement (Third) Summaries and discussion of canonical cases that convey the history and context of modern tort law Examples, flow charts and maps that illustrate concepts, rules, and the relationships among parties and interests Consistent use of problems that encourage students to implement “IRAC” (or equivalent) strategies for structuring their analysis Samples of documents commonly used in tort law practice, such as demand letters and complaints
Download or read book Tort Law written by Nicholas J. McBride and published by . This book was released on 2015 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law Challenging Orthodoxy written by Stephen G.A. Pitel and published by A&C Black. This book was released on 2014-07-18 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.
Download or read book Tort Law written by Hillary Michaud and published by Pearson Higher Ed. This book was released on 2013-01-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Tort Law Concepts and Applications, 2e provides the most comprehensive coverage of substantive American tort law available. This edition features two chapters devoted to intentional torts, two chapters devoted to negligence, and references to the latest cases and statutes. To help students develop in-demand paralegal skills, there are extensive end-of-chapter exercises, online video cases, and an entire chapter devoted to tort practice and applications.
Download or read book Law and the Legal System written by Thomas R. Van Dervort and published by Aspen Publishing. This book was released on 2015-01-30 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to teach the basics needed to prepare students for any role in the legal system, Law and the Legal System engages students through the use of examples and practical applications of legal principles. Whether they are interested in pursuing legal careers as lawyers or paralegals, or political science careers, or criminal justice interests, students are provided a basic understanding of the law and how to find it. Mock trial experiences are encouraged, and each chapter involves the student in exercises that review understanding of legal terms and concepts. Six cases in an appendix illustrate basic concepts, and hypothetical cases showcase the inner workings of the judicial system in both criminal and civil cases. Internet sources, key terms, case excerpts, research assignments, review exercises and discussion questions help students reinforce the key concepts in each chapter, and suggested activities engage students in discovery projects. Thoroughly updated, the revised Third Edition expands coverage with new chapters on Legal Research and Writing, Tort Law, Contract Law, Family Law, Employment Law, and Equal Protection Law. Careful updating of information throughout the book includes refreshed Internet references to the text. Hallmark features of An Introduction to Law and Legal Studies in the United States: Solid overview of the system of law and government Readability, accessibility Provides the basics for any role in the legal system lawyer or paralegal career political science or criminal justice work Practical applications to engage students with legal principles mock trial experiences encouraged chapter exercises review legal terms and concepts activities engage students in discovery projects Five part structure, comprehensive coverage Basic Legal Concepts Substantive Civil Law Civil Law Procedure Criminal Law Procedure Administrative Due Process Six cases illustrate major basic concepts Explains difficult legal concepts in a reader-friendly format Hypothetical cases reveal workings of judicial system in both criminal and civil cases Differentiates civil, criminal, and administrative due process Discusses history as well as contemporary state of law and current controversies Pedagogically rich Internet sources key terms case excerpts research assignments review exercises discussion questions Thoroughly updated, the revised Third Edition presents: New chapters Legal Research and Writing Tort Law Contract Law Family Law Employment Law Equal Protection Law Updated Internet references New material, brought completely up-to-date
Download or read book The Baby Bar Exam Summarized written by Ivy Black Letter Law Books and published by Createspace Independent Pub. This book was released on 2015-03-10 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law school bookExcerpt from book:I could say:A contract is is a legally enforceable agreement consisting of a validoffer and containing sufficient terms, made to an identifiable offeree and giving assurance that a valid acceptance will conclude thebargain.Or:A contract is an enforceable exchange of legal consideration by offerand acceptance in the absence of contract defenses.All of the above are correct.
Download or read book Understanding Tort Law written by Carol Harlow and published by . This book was released on 1995 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is the technical name for part of our system concerning civil liability. When people turn to the legal system for compensation for some injury they have suffered, the rules of tort come into play.
Download or read book Law 101 written by Jay M. Feinman and published by Oxford University Press. This book was released on 2006-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The best-selling first edition of Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this revised edition, Jay M. Feinman offers an updated survey of American law, spiced with new anecdotes and cases, and incorporating fresh material on topics ranging from the President's war powers, to intellectual property, standard form contracts, and eminent domain. Here is an exceptionally clear introduction to law, covering the main subjects found in the first year of law school, giving us a basic understanding of how it all works. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law, to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system. "An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading."--Library Journal
Download or read book Understanding Contract Law written by John Norman Adams and published by Fontana Press. This book was released on 1994 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and the Built Environment written by Douglas Wood and published by John Wiley & Sons. This book was released on 2011-01-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Built Environment is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals. It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.