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BusinessLaw - El Khatib Sarah El Khatib MGT 218-01 15...

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El Khatib Sarah El Khatib MGT 218-01 15 November 2010 Professor Boone Tort Law As of recent, there was an incident involving a four year old girl hitting an eighty-seven year old woman while the child was racing her bicycle with training wheels down the sidewalk. This article, “4-year-Old Can Be Sued, Judge Rules in Bike Case” published by The New York Times and written by Alan Feuer, is an example of tort law and represents how this area of law is very important in society’s everyday lives. Within tort law there are three categories: intentional torts, negligence, and strict liability. Tort law is a section of law involving the doing of a civil wrong with the exclusion of contract breaches (Boone). Most torts originated in common law but this area of law is constantly growing and changing to reflect society’s current views. “Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or to the party’s property” (Cheeseman 75). In this case, the eighty-seven year old woman, Claire Menagh, who was the injured party has the ability to sue 1
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El Khatib Juliet Breitman, 4, and Jacob Kohn, 5, who were racing each other down the street on their bicycles if Juliet or Jacob are found liable. The primary step is to decide what category of torts is applicable in this case. The first category of torts is intentional tort. According to Henry R. Cheeseman, intentional tort is a type of tort, “that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries” (75). Looking specifically at this example, Claire Menagh would be the plaintiff and Juliet Breitman and Jacob Kohn, along with their mothers, the defendants. The mothers of the children are also defendants because they were supervising their children who were minors at the time that the incident occurred. Within the category of intentional torts there are a few variations but the most important requirement is that the defendant intentionally caused harm to the plaintiff. For example there is specific intent within intentional torts which means that Juliet and Jacob would have run down Ms. Menagh with their bicycles on purpose. Another type is transferred intent, which would mean that Juliet and Jacob had the intent to injure someone other than Ms. Menagh while riding their bicycles but actually injured her 2
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This note was uploaded on 05/02/2011 for the course MGT 218 taught by Professor Laurelboone during the Spring '10 term at Saint Louis.

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BusinessLaw - El Khatib Sarah El Khatib MGT 218-01 15...

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