Essay on Law 30s -Tort

Submitted By jcarry
Words: 644
Pages: 3

M3 Tort Law
1. A) The four elements necessary to prove negligence are Actual Jury (did the plaintiff suffer real loss? If it did, how should it be valued?), Causation (was the defendant’s conduct a direct cause of the plaintiff’s injury?), Duty of Care (Did the defendant have a duty or legal responsibility to the plaintiff to avoid causing an injury which could have been foreseen?), and Standard of Care (did the defendants behaviour fall below a standard which society considers reasonable?). The teacher was negligent for Actual Jury because the plaintiff was injured by the bull. He was negligent for Causation because if he would have warned the kids there was a bull in there they would not have gone in and got injured. He is guilty of Duty of Care because as teacher it is his responsibility to keep the kids safe on a field trip. And he also is guilty of Standard Care because in society it would be reasonable to warn the students not to enter the area with the bull.

4. a) Joe has committed both assault, because he raised his gun indirectly, yet it still would cause fear in Mac, and trespassing because he cut through Mac’s land without permission.

5. a) the most likely tort for this situation would be battery which is when physical contact causes injury, fear, or offence. The most likely defence for this would be legal authority which means it is authorized by statute laws to do things which would otherwise not be permitted.
b) The most likely tort for this situation would be false arrest and imprisonment which means you can’t deprive a person of freedom. The most likely defense to be used in this case would be necessity because it was an attempt to avoid a greater wrong.
c) The tort for this situation would be trespassing because Ruth entered her neighbour’s yard without permission to retrieve her cat. Her defense could be defense of property because she had to protect her cat which is under her care.
d) The possible torts could be battery which is when physical contact causes injury, fear, or offence. Possible defence for this case could be self defense of a third party because he was protecting another person from an attack.

6. a) Minnie committed the conversion tort (can’t interfere with true owners’ rights over property) by taking her boss’s personal documents. A defense to this could be necessity (to prevent an even greater wrong) because if he really was doing as she claimed she…