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Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
At the same time, each legal system provides for a variety of defences for defendants in tort claims which, partially or fully, shield defendants from liability. In a limited range of cases varying between jurisdictions, tort law will tolerate self-help as an appropriate remedy for certain torts.
Tarasoff v. Regents of the University of California, 551 P.2d 334 (Cal. 1976): A case in which a patient told his psychiatrist that he had thoughts of killing a girl. Later he did kill the girl. A leading case in defining the standard of the duty of care, and the duty to warn. Trimarco v. Klein, Ct. of App. of N.Y., 56 N.Y.2d 98, 436 N.E.2d 502 ...
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity. [1]
In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser. This is a defence against the tort of battery. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction. This means a command, for something other than money by ...
Other cases similar to the issues addressed in the Tarasoff case have been brought to the attention of the courts, such as the Jablonski by Pahls v. United States. The conclusion of that case extended the responsibility entailed in the duty to warn with the judgment that the clinician may be liable for failure to review previous records, which ...
Holt CJ said in the course of his judgment, . if a man strike another, who does not immediately after resent it, but take his opportunity, and then some time after falls upon him and beats him, in this case, son assault is no good plea; neither ought a man, in case of a small assault give a violent or an unsuitable return; but in such case plead what is necessary for a man's defence, and not ...
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