Question

In: Accounting

1. using_______ one individual can hold another accountable for wrongdoing while, __________ allows government to hold...

1. using_______ one individual can hold another accountable for wrongdoing while, __________ allows government to hold individuals accountable for wrongs against society.

liability law, tort law, criminal law, or admiralty law



2. identify the following intentional torts

assault, battery, nuisance, defamation

a. threat of imminent harm
b. A communication that harm someone's reputation
c. unauthorized, harmful physical contact
d. interfering with property owners enjoyment of their property



3. the rule of _______ negligence requires a court to dismiss a tort claim if the plaintiff was at all responsible while_________ negligence allows a court to apportion damage according to each side's degree of culpability

mithating, contributory, comparative, or restorative


4. Match the following terms with the appropriate definition

assuption of risk, vicarious liability, steict liability, tort

a. a wrong for which there is a legal remedy
b. liability for engaging in ultra hazardous activity no matter how extensive the precautions taken
c. an employer can be responsible for the wrongful acts of an employee
d. when a person knowingly excepts a dangerous condition they must accept the consequences

Solutions

Expert Solution

1. Using Tort Law one individual can hold another accountable for wrongdoing while Criminal law allows government to hold individuals accountable for wrong aganist society.

Reason: tort laws are enacted to make individuals liable against wrongdoings to another persons i.e it allows individuals to sue for compensation for wrongful interference with their body , property or reputation, Where as Criminal laws allows the government to take action against parties who are involved in acts against the society to be held liablile .

2. a. Threat of imminent harm - Assault

Reason: By definition Asssault means an intentional act by a person that causes to another person to believe in danger of imminent bodily harm or offensive contact

b.A Communication that harms someones reputation: - Defamation

Defamation means the act of causing damage to reputation of a person .it is the act of communicating false statements about a person that injures the reputation of that person.

c.unauthorized, harmful physical contact - Battery

battery is unwanted and harmful or offensive bodily contact. Battery protects peoples interest in personal security.

d.interfering with property owners enjoyment of their property- Nuisance

Nuisance means causing inconvenience or annoyance to the propety owners from their property rights.

3.the rule of contributory negligence requires a court to dismiss a tort claim if the plaintiff was at all responsible while comparative negligence allows a court to apportion damage according to each side's degree of culpability.

Reason: Contributory negligence is conduct on the part of the plantiff below a standard reasonable care that contributes along the defandants behaviour to the plantiffs injuriy .In this case the plantiff may not receive any compensation as he was held liable for the acts.

Comparative Negligence helps the compensation or loss to be apportioned against both plantiff and the defendent and defendant is only liablile for his portion of damage.

4.

a. a wrong for which there is a legal remedy - Tort

By defintion tort means having legal remedy against wrong ful acts that causes damage to the other party.

b. liability for engaging in ultra hazardous activity no matter how extensive the precautions taken - strict liablilty

Strict liability is imposition of liability on a party without a finding of fault by such person. ultra hazardous activity are those which are inherently dangerous that a person performing can be held responsible for injuries to other persons even if they took every reasonable steps to prevent the injury.

c. an employer can be responsible for the wrongful acts of an employee- vicarious liability

Vicarious liability is a liablity in which third party is held responsible for the unlawful actions of another party .Employer - employee relationship is the perfect example of vicarious liability.

d. when a person knowingly excepts a dangerous condition they must accept the consequences- Assumption of risk


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