Act Tortious: Homeowners File a Tort Claim against a Theme Park - Case Study Example

Q2 Victor should institute an action for tort against William, for his broken legs and ribs, and against the hospital for mistakenly amputating his arm.... ?? 5 Thus, in Smith v Leech Brain & Co,6 the Court granted the claim of the widow of a worker who died of cancer three years after a molten metal accidentally... Law on tort Q1 In White & ORS v Chief of Constable of South Yorkshire & ORS,1 the Court was faced with the issue of members of the police force, acting as rescuers, claiming damages from their employer on the ground of psychiatric injuries....

Insurance policy is a legal contract between the policyholder and the insurance company wherein the insurer has to pay premiums to the insurer in exchange of claims covered in the policy.... The policy contract describes the coverage, restrictions and the deductibles applied and the premiums to be paid....

Contributory Negligence is a defence which makes available a partial defence in respect of a claim in tort.... Prior to the Law Reform (Contributory Negligence) act 1945, contributory negligence of the Plaintiff would constitute to be a complete defence in respect of claims of negligence.... The act allows courts to allocate responsibility in respect of damage and attribute it accordingly between the defendant and claimant and then to apportion the claimant's damages, thus making it a partial defence....

stipulates that in order to get money from the government for damages, the claimant must file a tort claim from the governmental entity (Fowler & Fleming, 1968).... Steps to take to file a claim successfully The California State Government Code section 915 (a) stipulates that a person that is filing a claim against a local government entity or county... that before a lawsuit for money damages is brought against a government entity, there must have been a written claim that must have been drafted and presented within the 6-month timeframe and there are usually no exceptions to this rule (Fowler & Fleming, 1968)....

Subsequently, he killed a pedestrian, in a fit of rage; and pleaded manslaughter on… As a consequence, the court ruled that he was to be detained in a hospital, as per the provisions of the Mental Health Act 19831. Thereafter, Gray brought an action in negligence, against the defendants; and claimed damages for his loss of It was argued by Gray that he had been beset by these ills, as a consequence of the post traumatic stress disorder engendered by the negligence of the defendants2....

Daniel acted in self-defence against a perceived threat.... Finally, Malik being shot would not amount to a tortuous claim against Daniel.... This paper "Employee's Tortuous Action" involves several potential tort actions and claims, plaintiffs, defendants, and resolutions which must be severally evaluated and interconnected if need be.... tort law encompasses both intentional and negligent acts, Malik could seek damages from Daniel for intentionally shoving him and from the stadium owners for negligence in poorly maintaining the railing....

tort laws are often associated with civil suits which are actions that protect the private rights of people.... tort law concept is often meant to redress a… This type of law is often derived through combination of common law principles that arise from legislative enactment and case laws.... The tort action is often brought by private citizens and does Three elements are often present for the tort action to be considered; the defendant or tortfeasor should have a duty to behave or act in a certain manner, the plaintiff must be able to prove that the kind of behaviour which was demonstrated by the tortfeasor failed to conform to the duties owed by the plaintiff and finally the plaintiff should have suffered a loss or injury as a result....

Great Benefit Life Insurance denied Donny Black's claim because (a) he is too old to receive coverage (b) his leukemia is the result of a pre-existing condition and (c) bone marrow transplants are excluded from his policy.... he tortious liability of the defendant is established because Rudy is able to discover that the insurance company was running a scheme that unfailingly denied ever insurance claim submitted since the year 1991, irrespective of whether or not it had merit....