There are two categories of torts, intentional or unintentional. Explain the difference between the two. (1 mark)
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Question:
- There are two categories of torts, intentional or unintentional. Explain the difference between the two. (1 mark)
- List and explain the 3 categories of unintentional torts that a business could face. (3 marks)
- Explain how a business can do to avoid each type of unintentional tort. (3 marks)
- List & Explain the 2 types of intentional torts that a business could face. (2 marks)
- Which type of tort action one does you think will be brought against Johnson & Johnson in this case of surgical mess? Explain your answer (2 marks)
- What is negligence? Not all parties in a case will be found equally negligent, with that in mind list all the parties that could be negligent in this case. (3 marks)
- What are the 3 elements that must be addressed in any tort action? (3 marks)
- In this case, the "surgical mesh" that is being used to hold internal organs in place is resulting possible quantifiable harm. List the events that a lawyer preparing this case, could be indentify as quantifiable harm? (2 marks)
- List the 4 common ways a company could defend a tort action that is brought against it. (2 marks)
- Explain how Johnson & Johnson could apply each of the methods of defense outlined in the previous question to defend a potential tort action brought against them. (4 marks)
- Which method of defense would you recommend to Johnson & Johnson, in order to give them the greatest chance of success or to minimize their exposure? Give reasons for your answers. (2 marks)
- Explain the difference between pecuniary damages and non-pecuniary damages. (2 marks)
- List and explain using Marci Levin's case as an example the types of pecuniary damages that could be awarded. (3 marks)
- List and explain using Marci Levin's case as an example the types of non-pecuniary damages that could be awarded. (3 marks)
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