Torts in American law.

 

W​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​rite a paper discussing torts in American law. Include the four types of wrongfulness and provide examples of each. What are the elements that must be proven in a negligence case? How would duties differ in cases where the injured party is an invitee, licensee, or a trespasser? What is the difference between contributory and comparative negligence? Can a tort also be a crime? What is proximate cause in a tort case? Assignment Checklist: ? Discuss the four types of tort wrongfulness with examples ? Identify the elements of a tort. ? Discuss proximate cause in a tort. ? Distinguish between product liability and strict liability ? Explain how contributory or comparative negligence would affect a tort lawsuit. ? Explain the differences in duties differ regarding invitees, licensees, and trespassers. ? Can a tort also be a crime? Formatting: ? Respond to the questions in this assignment providing support or evidenc​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​e for your point of view or argument you are trying to make. ? Tell your readers what action they should take or provide a summary of what the reader should take away from reading/learning about the topic. ?

 

Sample Solution

Torts in American law

The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers. There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence” the careless person will be legally liable for any resulting harm.

After spending his initial foray into parapsychology trying to replicate Rhine’s results, he eventually moved on and began to perform his own parapsychological experiments. One would wonder why he would bother performing further research into the evidence of clairvoyance and telepathy after having so much data disproving their existence. This was due to parapsychologist Walter Whately Carrington informing him that there was a new way he could analyze his data to find proof of ESP. This new way of looking at the data was known as displacement. Carrington stated that displacement was necessary because the subjects could be suffering “temporal distraction” which would cause them to guess cards behind or ahead of the card being shown to them. This was obviously just a way to make his data look better than it actually was, and after revisiting the data he had from his previous testing he was now able to find two subjects that had data which was statistically significant. These two subjects were Gloria Stewart and Basil Shackleton. When encountering this newfound significance in his data Soal began a new set of experiments in 1941 which lasted until 1943. Soal performed these tests with Kathleen Mary Goldney, a fellow parapsychologist of the Society for Psychical research. These tests seemed to solidify psychic ability with hard scientific evidence. Quite a 180 from how Soal began his endeavor into parapsychology and all from looking at his three-year-old in a new way. Many were skeptical of the results Soal had achieved, however there was no way to prove that he had lied or cheated his way to the results he claimed and at a glance it seemed that there was nothing wrong with the new data that was gathered. The newly performed “Shackleton Experiments” were extremely elaborate, as can be seen in one of the figures from Soal’s own “Modern Experiments in Telepathy”, which he published in 1954. When this experiment was published it also gave evidence for those who were skeptical of Soal’s experiments. He himself states that, “We have not, therefore, in these new experiments concentrated on ultra-rigorous precautions against fraud on the part of the experimenters”. His view was that “if the experimenters (academic people) are not to be trusted, there is no point whatever in their doing experiments” (203, Soal). This sentence gave skeptics exactly what they needed to be able

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