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


Related Solutions

how can public health professionals hold their employers accountable for fostering cultural competency? b. What strategies...
how can public health professionals hold their employers accountable for fostering cultural competency? b. What strategies might be most impactful?
Explain what factors initially attract one individual to another
Explain what factors initially attract one individual to another
1. A convertible bond allows the investor to exchange that bond for another issue of bonds...
1. A convertible bond allows the investor to exchange that bond for another issue of bonds within the convertible period. Select one: True False 2. Bonds are issued with a callable feature when the issuers expect interest rates to rise. Select one: True False 3. Bonds that have a call feature are less desirable to investors and therefore pay a slightly higher rate than bonds without this feature. Select one: True false 4. Common stockholders have the right to vote...
One investment adviser averaged 20% return while another one 15% return. The beta of the first...
One investment adviser averaged 20% return while another one 15% return. The beta of the first adviser was 1.6, while that of the second was 1.2. Which adviser was a better selector of individual stocks (ignoring general movements in the market)? If the T-bill rate was 5% and the market return during the period was 13%, which adviser would be the superior stock selector?
1. An individual has $30,000 invested in a stock with a beta of0.3 and another...
1. An individual has $30,000 invested in a stock with a beta of 0.3 and another $50,000 invested in a stock with a beta of 2.3. If these are the only two investments in her portfolio, what is her portfolio's beta? Do not round intermediate calculations. Round your answer to two decimal places.____2. Assume that the risk-free rate is 5.5% and the required return on the market is 10%. What is the required rate of return on a stock with...
The exact point in time at which an individual transitions from one developmental phase to another...
The exact point in time at which an individual transitions from one developmental phase to another (for example, middle childhood to adolescence) is often assigned somewhat arbitrarily. In fact, even developmental scientists/authors don't always agree on "where" the lines between these artificial constructs fall. If you were given the task to defend why a particular child had moved solidly into adolescence, what would be the 3 most important non-physical areas of development you would examine to make the decision (i.e.,...
For the first time in history, an individual can be extremely social while remaining physically "isolated"...
For the first time in history, an individual can be extremely social while remaining physically "isolated" from others. Do you spend much time communicating with others on-line? Do you know all of your on-line friends...err...personally? Like in protoplasmic form? Do you think that this has an impact on you and your idea of what a "friend" is? How does your "on-line" persona differ from your "real life" self? Discuss any differences that you perceive between your online and real self......
1. Bond investors are likely to hold the view that the government guarantee on Federal bonds...
1. Bond investors are likely to hold the view that the government guarantee on Federal bonds means that the investor will get his investment back. He’s right about the assumption that the U.S. Treasury is extremely unlikely to default on their payments and therefore repayments carry close to 0 risks. But can we say the same when it comes to interest-rate and inflation risk? Explain fully.
Discuss the impact of the Federal Government Shutdown on both the households and individual workers. Can...
Discuss the impact of the Federal Government Shutdown on both the households and individual workers. Can you explain in 4 paragraphs?
1.An individual has $15,000 invested in a stock with a beta of 0.5 and another $50,000...
1.An individual has $15,000 invested in a stock with a beta of 0.5 and another $50,000 invested in a stock with a beta of 1.6. If these are the only two investments in her portfolio, what is her portfolio's beta? Do not round intermediate calculations. Round your answer to two decimal places. 2.Assume that the risk-free rate is 7.5% and the required return on the market is 9%. What is the required rate of return on a stock with a...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT