Can the shooting be considered as trespass to person?
An action for trespass to person does not lie if the injury to plaintiff, although the direct consequence of the act of defendant, was caused unintentionally and without negligence on the part of defendant.
Does any type of touching result in battery? What is the connection between anger and battery?
The least touching of another in anger is a battery. If two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it is no battery. If any of them use violence against the other, to force his way in a rude inordinate manner, it is a battery.
Is the defendant liable for damages incurred to the plaintiff's property even though they were acting under private necessity?
A party acting under private necessity might not be liable for trespass but as he secured his property at the expense of the dock, he is liable for damages incurred to the property of others.
Was the mere unauthorized entry, without any actual damage to it or the land into an unenclosed land of another, an act of trespass?
Every unauthorized intrusion into the land of another is a sufficient trespass to support a claim for the same, whether the land be actually enclosed or not. And from every such entry the law infers some damage; if nothing more, the treading down the grass or shrubbery.
Is the unwitting sale of another's property sufficient to prove that the person committed conversion of the property?
Conversion is the unwarranted interference by one person with the dominion over the property of the other, which results in damages
What degree of care should a person with a physical disability exercise?
What level of care does the city owe to a person with a physical disability
A city is required to maintain its parking strips and adjacent sidewalks in a reasonably safe condition and is obligated to provide a certain degree of protection to the pedestrians.
Whether the hospital was negligent in its behavior and thus liable to give compensation?
The Consumer Protection Act gives a comprehensive definition of consumer who is the principal beneficiary of the legislation but at the same time in the view of the comprehensive definition of the term 'consumer', even a member of the family cannot be denied the status of the consumer under the Act and in an action by any such member of the family for deficiency of service, it will not be open for a trader to take a stand that there is no privity of contract.
Whether and, if so, in what circumstances, a medical practitioner can be regarded as rendering service under Section 2(1)(o) of the Consumer Protection Act, 1986.
Whether the service rendered at a hospital/nursing home can be regarded as service under Section 2(1)(o) of the Consumer Protection Act, 1986.
The Consumer Protection Act of 1986.
Was the defendant liable for the damages to the plaintiff considering that the act was done by a third party?
A person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all damage which is the natural consequence of its escape.
An additional requirement of foreseeability is also necessary- If the thing escapes, how likely is to damage property
Can the claim of defamation succeed against the newspaper?
It is immaterial for a defamation claim to succeed whether or not the words were believed by its readers.