The legislature, and interpreted and expanded by judges.
The legislature
What is precedence in common law?
Decisions made by higher courts are required to be honored by lower.
The head of a state.
Lower level decisions
Whats the difference between battery and assault?
Assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person.
Battery is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while assault is the actual physical impact on another person.
Duty of care is
Either a professional standard according to your profession, or a general standard of care that everyone is held to.
A requirement to care for others, even if it causes you harm.
A duty for only professionals.
For Negligence you need to show:
Damges, a link, malice
A duty of care, a breach of that duty, causation linking the harm, and harm.
That the person annoys you.
Intentional torts require that there was intent?
No
Yes, or it would likely be negligence or another type.
No, they did it, that's enough for intent.
First and Last Name
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