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Trespass to the person is no longer a significant tort? |
pls give me the tips or point ,how to answer this question? There are about 5 different ways to answer this question. Without knowing the purpose of the question, it is difficult to answer. Is this for an undergrad class of some sort? If you are speaking of Trespass to the Case; it has changed into assault , battery, and other direct torts (not negligence). If you are in a UK country this answer does not apply Rather depends on which legal system your answering it in. In the UK and probably the US as well, an action in negligence is usually preferred to an action in trespass to the person for reasons of practicality. Even if you think that the defendant intentionally injured the claimant, it may be difficult to prove. In an action in negligence you wouldn't have to go into the defendant's state of mind. The only point where you might need to use trespass instead of negligence is where you can't establish a duty of care towards the claimant. |
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With language usage like that I doubt questioner is in law school. Rylands v. Fletcher (1868)[1] LR 3 HL 330 is a landmark English legal case in which the Court of the Exchequer Chamber first ap... This is a trespass to chattels issue. Your brother trespassed upon the other vehicle, and caused the damage. Therefore he has to pay....but why are you in the middle of this? ...#10 is wrong. It is an intentional tort. Some of the answers are a little short and am unable to give an opinion. Sounds like they are correct but double check 3 and 4. OK? ...for god sake, get a job although it's only a temporary job. you don't have money to pay the rent but you need to feed your child. ...Even if a statement weren't correct a tort would have to have damages. What was the statement? What was the impact? Who said the statement? To whom was the statement made to? ... What do you mean by "better"? There are a few differences, but the biggest differences fall into the 'remedies' category. In Canada, the courts keep a fairly tight leash on ... reasonable person. 1. A hypothetical person used as a legal standard, esp. to determine whether someone acted with negligence; specif., a person who exercises the degree of attention, knowledge, in... You may better understand tort law if you a given examples of what a tort is: Intentional torts: * Assault * Battery * Slander and libel * False imprisonment * Intenti... |
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