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(pdf) Law of torts consist trespass and negligence

   

Added on  2021-04-17

10 Pages1972 Words152 Views
Running head: TORT LAWLawName of the StudentName of the UniversityAuthor Note

1TORT LAW1.Give examples of common law and statutory (cite specifically to the statute) torts inNorth Carolina.Common law tort in North Carolina is the tort of negligence Statutory tort in North Carolina is the landowner liability provided through N.C G.S. §38A-112.What are the elements of negligence, and how do these elements compare with the elementsof contributory negligence? Cite to authorityThe elements of negligence are a duty of care, a breach in the duty of care and causation andactual damages caused to the party. In terms of contributory negligence whether a person hasmade contribution towards his own negligence or not is determined by the application of sameelements in that of negligence. The person himself had a duty off care which he breached andbecause of it harm was caused to him and actual damages were suffered2. 3.Plaintiff’s Complaint alleges that: “Plaintiff is entitled to recover damages in excess of$25,000.00 on account Plaintiff’s pain and suffering; and “Plaintiff is entitled to recoverdamages in excess of $25,000.00 on account Defendant’s willful and wanton conduct,” areexamples of what kinds of damages?The damages are called punitive damages which are provided to punish the wrongdoer for grossand willful negligence3.1 N.C G.S. § 38A-12 North Carolina Code - General Statutes § 1-1393 N.C G.S. § 1D

2TORT LAW4.Assume that I recover punitive damages, may I use that recovery to support an award ofattorney fees? Why?No, an award of attorney fees is to be covered under general harm which has been incurred bythe party and thus are covered under general damages as per N.C. Gen. Stat. §§ 6-20, 6-21 and 6-21.14.5.In a negligence action, assume I received a favorable verdict awarding me damages.Assume further that my attorney spent $100.00 to obtain my medical records. In terms of civilremedies, how is this amount classified and may I recover it as part of the verdict? Why?Yes, the damages can be claim as the amount in terms of civil remedy is classified under theterms of economic damages. These damages include the cost which has been incurred by theplaintiff due to the negligent actions which have been done by the defendant. The medicalrecords would not have been required where there was no negligence and thus the cost of itwould be covered under economic damages.6.Compare the burden of proof in an ordinary negligence case and in a claim for punitivedamages. Cite to authority.4 N.C. Gen. Stat. §§ 6-20, 6-21 and 6-21.1.

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