Understanding the Tort Law Analysis (Term Paper Sample)
The task was to analyse Torts in lawsource..
Date of Submission
Tort Law Analysis
Tort law is majorly interested with injuries to people. Injuries could be as a result of actions of other persons, governmental agencies, corporations, and other actions. A person may be injured from direct actions, such as physical assault or injuries can be caused through passive instrumentalities such as accidents, defective products, and guns. Tort law provides an individual harmed due to wrongful actions of others an opportunity to file a civil action for suffering or harm caused. Plaintiff is the person suffered harm or damage and the individual who caused the harm is referred to as tortfeasor. (Moorhouse, et, al 1998)
In the problem involving Larry and Moe and other individuals, there are numerous direct and passive instrumentalities that have resulted into people sustaining personal injuries. In the first tort, there are two parties involved, Larry and Jay Leibhempski. Larry and Moe are driving a Fiat 500 Abarth to the grocery store. The car loses balance due to Larry’s efforts to avoid hitting a skunk, he swerves and end up crushing Jay’s house and hits him causing bodily injuries. There is evidence of tort of negligence than is undisputed. Proof of elements such as factual causation shows that the sequence of events leading to Jay’s injury was involuntarily caused by Larry need not to hit the animal. Jay Leibhemski as a plaintiff however can file a legal case to claim compensation for injuries and property damages caused. The defendant, through factual causation theory can dispute the case successfully because the accident happened as a result of him avoiding hitting the animal. (Mellor & David Hugh, 2012). Therefore Larry cannot be convicted of criminal negligence.
Secondly, there is a tort involving Moe and Jay. After the accident, Moe steps out of the car but slips into a patch of snow and ice formed as result of Jay’s home downspout. She falls down and sustains injures. Under the rules of Shippensbug Borough a home owner is required to remove snow within 24 hours after the snowfall has ended. Moe can file a legal suit for compensation caused as a result of negligence from Jay. Negligence is one of the biggest torts and Moe as a plaintiff has a strong case. Additionally, there is another incidence where a former roommate of Moe notices that she might be suffering from heart attack gives her cardiopulmonary resuscitation, but Moe is not suffering from heart attack, and, this causes further rib injuries to Moe. Under element of avoiding breach of the duty of care, Curley cannot be criminally charged as he is trying to help his former roommate. Curley showed that he cared.
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