Intentional torts sample essay

If you have not damaged the rental property, have promptly notified the lessor to pick up the property, and have made the property available for pick up, you have no further obligation to the lessor. However, you are liable to the lessor for any unpaid periodic payments and any properly-imposed late fees . If you have damaged the property, or if the property has been lost or stolen, you may be liable to the lessor for the damage or loss. (See Renter's Liability for Loss , Renter's Duty of Care , Liability for Loss or Damage , and Damaged, Lost or Stolen Rental Property .)

In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).

Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens Linklaters (where she also undertook her articles).  Fiona is also admitted to the New York Bar and from 2001-2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts. Since coming to the Victorian Bar in 2005, Fiona's practice has largely been in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. She is currently briefed in the Manus Island class action and also appeared in the Murrindindi Bushfire class action. As part of her practice she regularly appears in significant interlocutory applications in large matters. A sample of cases in which she has appeared in a variety of jurisdictions both led and unled is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.  

The practical effect of suppression of this evidence would have been dismissal of the case as the state would not have been able to prove that the fire was intentionally set. Thus, it can be seen that without a showing of bad faith and the potential exculpatory value of the destroyed evidence, criminal courts are unwilling to suppress the evidence or dismiss the charges.

Similarly, in Houser v. State , 474 So. 2d 1193 (Fla. 1985), the defendant was driving a vehicle when he struck a concrete wall. The passenger in the car died on impact. At the time of the accident, the police took a blood sample which showed a blood alcohol level of %. Four months after the accident, Houser's attorney sought the blood sample to have it independently tested. The sample had not been refrigerated and thus had lost any value for testing purposes. The court rejected the defendant's due process argument and held that:

Intentional torts sample essay

intentional torts sample essay

The practical effect of suppression of this evidence would have been dismissal of the case as the state would not have been able to prove that the fire was intentionally set. Thus, it can be seen that without a showing of bad faith and the potential exculpatory value of the destroyed evidence, criminal courts are unwilling to suppress the evidence or dismiss the charges.

Similarly, in Houser v. State , 474 So. 2d 1193 (Fla. 1985), the defendant was driving a vehicle when he struck a concrete wall. The passenger in the car died on impact. At the time of the accident, the police took a blood sample which showed a blood alcohol level of %. Four months after the accident, Houser's attorney sought the blood sample to have it independently tested. The sample had not been refrigerated and thus had lost any value for testing purposes. The court rejected the defendant's due process argument and held that:

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