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Is a speeding infringement in the nature of a tort, a contract dispute, or something else? |
I'm thinking it might come under the tort of negligence, but I'm not even sure it's a tort at all, since in NZ it's comes under the Land Transport Act 1998. Speeding infringement is in the nature of a tort because there is negligence. Its in the nature of a crime, not a tort. A tort has to be directed at a person or perhaps a class of people, but if you speed, it's the state that will act to penalise you. |
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The term I am familiar with is "elements of the offense", this covers civil and criminal laws. ...The element of proximity requires that a wrongful act (negligence) be the "proximate" or direct cause of the damage or injury that occurs. There must be an unbroken chain of causation bet... CONSENT -- Agreement, approval, or permission as to some act or purpose, when given voluntarily by a competent person (as in giving consent for the police to search your vehicle during a traffic st... In torts, remedies are: -Compensatory Damages (money to compensate injury) -Punitive Damages (award to punish defendant for intentional tort) -Nominal Damages (some small amount, like a $1) ... "Mass Tort" is similar to class action, but designed to get around the new class action fairness act and keep some class actions from being removed to federal court It is NOT a tort in... ... Get off to yout local or uni library and find the answer yourself instead of getting us to do the work for you. You'll make a great lawyer. ...I doubt that he does know them - unless of course they are all part of the dodgy 'Masonic Lodges' brigade - which is quite common in the smaller courts. I would appeal DEFINITELY xx ... |
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