Strict liability is the name of both a tort and a type of offence. Select one: True or False
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Strict liability is the name of both a tort and a type of offence.
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- A transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?Please list and describe the 3 types of torts.Explain the term ‘strict liability tort’, providing an illustrative example. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).
- 5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)Discuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.
- Why is the ability to determine local, state, or federal jurisdiction important to law enforcement and the criminal justice system? Explain with examples.When it comes to businesses and crime, define the parties to a crime and their responsibilities.1) A misdemeanor is a more serious crime than a felony. Why its false? 2) You accidentally take someone’s mink coat by mistake. You have committed theft. Why its false? 3) Robbery is the taking of property without force. Why its false? 4) If you find a signed and endorsed check, and you cash it, you have committed forgery. Why its false? 5) If you break into an apartment in order to escape a meteor shower, you have committed burglary. Why its false? 6) If a bank robber forces you, a bank customer, to kill a teller, and you do, you will be found innocent. Why its false? 7) If you buy a stolen 60-inch television out of the back of a truck at 2am for $15, you have committed no crime. Why its false? 8) If a person is a suspect in a crime, they mut cooperate fully with law enforcement and answer all questions. Why its false? 9) If you get drunk and then rob a bank, you will be found not guilty. Why its false? 10) A person is guilty of shoplifting if they take merchandise from one part of…
- The torts of false arrest and false imprisonment are often confused. Explain the difference between false arrest and false imprisonment, and give a brief example of each.To successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?True or False In Kentucky, a defendant has 30 days to file an Answer once served with the lawsuit.