To think critically about: Whether plaintiff should pay damages or not. Introduction: Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Question

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Answer 1

Question

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

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Students have asked these similar questions

Tort Law is based on the idea that everyone in society has certain rights. It is therefore incumbent on all members of society to respect the rights of others”. The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the Tort Law. This 2 cases below came after Donaghue v Stevenson . please give full details on these case and how they established the law on negligence. with necessary citation Anns v Merton London Borough Council (1978): Caparo Industries plc v Dickman (1990):

“Tort Law is based on the idea that everyone in society has certain rights. It is therefore incumbent on all members of society to respect the rights of others”. The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the Tort Law. 1- An overview of the case Donoghue v Stevenson- 2- What was the law on negligence before Donoghue v Stevenson. Discuss at least 3 case laws on the issue. - 2- What was the significance of this case in terms of the development of the law of negligence and the protection of rights? 3- Discuss Five (5) landmark cases that came after Donoghue v Stevenson

What remedies are available to a successful plaintiff in a defamation lawsuit?

Answer 2

Question

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

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Answer 3

Question

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

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Answer 4

Question

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

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Answer 5

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

Answer 6

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

Answer 7

Chapter A, Problem 1CT

Summary Introduction

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Answer 8

Expert Solution & Answer

Explanation of Solution

Plaintiff should only pay the damages if the accusation made by him is frivolous or fabricated and it become obvious during the legal proceedings that the accusation made by plaintiff is frivolous. Plaintiff should pay the damages to the defendant because the frivolous complaint had already cost the defendant time, money and goodwill in fighting this case.

If plaintiff loses the case because of lack of evidence, then plaintiff should not pay any damages. If the damages are levied even when it is not obvious that accusation is frivolous, then it will deter the other person to bring the accusation against other party in the court. It will hamper the system of justice.

Answer 9

Expert Solution & Answer

Answer 10

Expert Solution & Answer

Answer 11

Conclusion

Hence, the damages should be paid by plaintiff only when the complaint is frivolous.

Answer 12

Ch. A.1 - Prob. A.1AQ Ch. A.1 - Prob. 1TP Ch. A.1 - Prob. 2TP Ch. A.1 - Prob. 3TP Ch. A.3 - Prob. 4TP Ch. A.3 - Prob. 5TP Ch. A.3 - Prob. 6TP Ch. A.3 - Prob. 7TP Ch. A.4 - Prob. A.4AQ Ch. A.5 - Prob. 8TP

To think critically about: Whether plaintiff should pay damages or not. Introduction: Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Solution Summary: The author explains that plaintiff should only pay damages if the accusation made by him is frivolous or fabricated. If plaintiff loses the case because of lack of evidence, he should not pay any damages.

To think critically about: Whether plaintiff should pay damages or not.

Introduction:

Tort is an action that causes damage to someone or something. An action is considered tort if that act is wrongful.

Explanation of Solution

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Chapter A Solutions