Need Help Answering A Question From Torts

Need help with Tort Law?

A statute requires railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvins cows wander onto the track. Nellie is hit by the train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Co. liable to Calvin?

Question with Tort Law. Please help in any way possible.?

Oh, look, a law student cheating. What a surprise!

The statute is understood as preventing cows being hit by trains; therefore the company is only liable for Nellie. Because poison weeds can grow anywhere, and the statute does not require control of weeds, they cannot be held responsible for poor Elsie.

(Note that, although it's not mentioned, there is also the question of whether the cows should have been there in the first place. If it can be shown that Calvin had a duty and the ability to prevent the cows from wandering on the tracks - for example, if there were an intervening property where the cows had no right to be - the tort could be invalid.)

Need help answering this Law problem please? Torts?

Hi, this is the problem.
Marisol, a U.S. citizen and resident of the state of Arizona, got into a car accident in the state of South Dakota with Laurence, a U.S. citizen and resident of South Dakota. Laurence decides to sue Marisol claiming that he suffered $72,885.59 in total damages. Laurence wants to file this case in a federal district court in South Dakota

1. Define the terms “plaintiff”, “defendant”. Who is the plaintiff and defendant in this set of facts?
2. Explain what is meant by the term “judgment for whom?” or “judgment would be for whom?”
3. What legal rule do you think applies to this set of facts? Fully Explain.
4. Would the federal district court in South Dakota have the power to hear this case based on this set of facts? Judgment would be for whom? Plaintiff or Defendant?
Thank you so much!

How to write a good answer in CLP for General Paper tort?

"How to write a good answer in CLP for General Paper tort?"

There is no quick answer to your question since your grammar, syntax, and abbreviation leave one to ponder exactly what it is that you're asking.

If you intend to write a paper in English, then I'd suggest that you either proofread your submissions better or refer to a grammar and usage text before proceeding.

Please provide adequate amplification on this question if you would actually like a more specific and helpful answer.

Question with Tort Law. Please help at your best ability.?

A patient confined to a hospital, Joan, has a rare disease that is of great interest to the public. Carol, a television reporter, requests Joan to consent to an interview. Joan refuses, but Carol nevertheless enters Joan's room over her objection and photographs her. Joan wants to sue her. Can she?

Tort Law Please help me understand!?

Hi i have a tort law exam coming up soon, i have attended every class and i still dont understand any of it.
Please can you give me information on the following:

Consent
Contributory negligence
Volenti non fit injuria
Vicarious Liability
Occupational Liability


Please do not leave comments if you do not know, i am asking because i do not understand these subjects, not because i have not read them...

Help with Law-style problem question please? Subject=Tort Law?

Andy is an itinerant ice-cream seller. One day, after selling ice-cream cornets to a group of children, Andy drives off without checking that all have left the vicinity of the van. He runs over the left foot of six-year-old Pip as well as her brand new bicycle. Duncan, a scoutmaster, sees Pip’s plight. He applies a tourniquet to Pip's foot and drives her to hospital. Due to delays caused by a combination of road works and political demonstrations the drive to the hospital takes an hour and a half. Duncan omits to slacken the tourniquet, with the result that Pip's foot eventually has to be amputated. Dr Brown, the house surgeon assigned to perform the operation, is nearing the end of an exhausting 48-hour shift. He misreads the instructions given to him and amputates the right foot instead of the left foot. Discuss Andy’s liability.

Don't want you to answer for me. Just want to know if I'm thinking right.
1 - Andy is should pay damages for the loss of the foot & the damage to Pip's Bicycle.
2 - Don't think Duncan should be liable for anything - had to focus on driving.
3 - Dr Brown's treatment of Pip=palpably wrong & he should pay compensation for amputating 2nd foot, as now the poor girl will still need to have 1st foot amputated & therefore no feet.
Secondly, Dr Brown should pay compensation for trauma suffered?

Any tips on how to set out essay?

PLEASE HELP it has to do with TORTS!?

First - and I say this gently, if you are a law student and you really need help on this question...you NEED to talk to your professor.

Seriously, it only gets harder.

With *ANY* Tort question, you need to have the following 4 elements.

1 - Duty
2 - Breach
3 - Causation
4 - Damages

Did Party A have a Duty to Party B?
YES - there is a duty to operate your vehicle in a reasonable manner. We can assume, that the "reasonable man" would not go about hitting other people's cars.

If Yes to duty, did Party A breach their duty to Party B?
YES - He hit the car.

If yes, was that breach of duty the Cause of the damages alleged by Pary B?
YES - at the simplest level - "But for A's breach (backing into the car), B's car would not have been damaged." Note however, that in a more complex fact situation there may be other factors that supercede causation.

If yes, was Party B injured by Party A's breach of their duty?
YES - B's car was damaged by A's negligent conduct. (Assuming the car wasn't damaged before hand...)

Technically, you could classify this as a Trespass to Chattels, but, in the real world, we generally just call this Negligence.

If you are having problems with this level of question, you need to get some help. I'm not trying to be mean, I'm being honest. Go talk to your prof, get a study group, buy the "Law in a Flash" series of flash cards for torts, go get Gilbert's summaries on Torts...do something, because this is as easy as Tort law gets.