Friday, July 26, 2019
Business Law Assignment Coursework Example | Topics and Well Written Essays - 1000 words
Business Law Assignment - Coursework Example The purpose of a modern tort law is to compensate the injured person for the harm incurred. Types of torts are; tort of negligence, intentional tort, and strict liability. The injured party has to prove that the defendant owes him the legal duty of care, that the defendant was in breach of the legal duty of care and that the act of breach led to the suffering incurred by the defendant. Whether they are met or not is a question to be decided by the judge. However, they are easy to meet by the complainant should he be aware of the same elements. Question 5 The gourd did not breach the duty of care he owes to the passenger since he didn't know that pushing the passenger in could lead to dropping off the parcel plus, the gourd never knew the content of the bag. In other words, it was not intended. The court was making a public policy statement. The decision was correct. More has been developed on the proximate cause.The three intentional torts are; assault and battery, conversion, trespassing, and defamation. The elements of assault and battery, for example, includes; intent-acting with a purpose or knowledge that the results of the act will cause injury to the person. Acting-this requires the person to perform an act that is harmful or injurious to another, and actual cause, in this case, the victim will have to prove that without the action of the defendant he/she would not have suffered the said injuries. An example of the intentional case was the case of Houdek v.Thyssenkrupp Materials.
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