· Tort Law Relates to the Majority of. Words: Length: 2 Pages Document Type: Term Paper Paper #: Read Full Paper. Tort law relates to the majority of all lawsuits in Civil Courtrooms. In fact, nearly every claim that is set in civil court except for contractual disputes is under the heading of tort law · Any reasonably foreseeable harm must be compensated. The concept of tort or “restitution” is to compensate the plaintiff for the injuries that were suffered for failure of the defendant to fulfill the standard of care required by law. The primary purpose of tort law is to provide punishment for the tortfeasor · Essay on Tort Law: Causation - Words. The aim of tort law is to compensate the claimant and to deter defendants' discuss whether the rules of causation and remoteness of damage fulfil this aim. StudyMode - Premium and Free Essays, Term Papers & Book Notes. Sign Up
Tort Law of Negligence - Tort Law Essays
Torts of negligence are breaches of duty that results to injury to another person to tort law essay the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury Stuhmcke and Corporation. E However, this form of tort differs from intentional tort as regards the manner the duty is breached.
In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm Stuhmcke and Corporation. The standard measure of negligence is the universal reasonable person standard.
The assumption in this case is that a reasonable person is never negligent, thus the degree of care required is that of a reasonable person Stuhmcke and Corporation. The creation of tort of negligence tort law essay a very important tool by which gaps in the law is filled. Often, actions require that some wrongful intent be present in the mind of the actor. Tort law essay, intent is a difficult thing to prove Stuhmcke and Corporation, tort law essay.
It is against this background that this paper is structured around four aims. Firstly, it is examines the background of the duty of care.
Secondly it studies duty of care for negligent acts historical back ground; doctrine tort law essay Reasonable Foresee ability and proximity. Thirdly, the paper will discuss Duty of Care for Negligent advice.
Finally, it will analysis, tort law essay. Significantly, this paper will contribute to a developed understanding of three essentials duty of care, standard tort law essay care and sufficient connection in law. In another word, defendant owed the plaintiff a duty of care, defendant fail to meet the standard of care, and there must be adequate link in law involving the defendant is action and the harm. Moreover, there are cases where injuries arise without intent to cause them, but which necessitates compensation or correction by the person causing the injury, albeit negligently based on justice and equity.
The deliberateness of the act shows the degree of moral corruption or perversity of the actor. However, negligent acts are just a degree higher than accident. Like accidents, simple negligence is sometimes unavoidable. Everyone is bound to be negligent once and while.
The only difference is that some negligent acts are lucky enough not to result to injury. To punish each and every negligent act that results to injury is to reward those who are lucky enough for their negligent acts not to result to injury.
It becomes more problematic when a person considers liability imposed on persons other than those who committed the breach.
The tort did exist and was applied in particular circumstance where judge make decision that duty should be owe, for example road accidents bailment tort law essay dangerous goods. In the Donoghue v Stevenson [] ACLord Atikin attempted to lay down general principles which would cover all the situations where courts had already held that there could be liability for negligence.
receives a restricted reply, tort law essay. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to tort law essay your neighbour.
Who, then, in law is my neighbour? The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. This ordeal has been criticised as being too broad but it made it simply for legal representative to dispute that there should be liability for carelessly causing damage in new circumstances, not formerly cover by case law.
It means that there must be legal proximity, for instance a legal connection between the parties from which the law will attribute a duty of care. Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability.
Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be again left with the burden of his own injury.
Again, the law finds it less unfair to make people who are charged with responsibility and are thus deemed to be in a position of relative control, by which they can avoid damage, liable for the injuries that may result from the negligent acts.
This is the other side of the neighbourhood factors. For instance it is argue that tort law essay strict liability tort wherein a person is made liable even if he is without fault, tort law essay. This strict liability often exist in inherently dangerous activities or activities vested with public interest such as products liability, explosives and keeping of dangerous animals. Another is as regards persons who are made liable for the negligent acts of incapacitated persons under their care such as guardians and parents.
They have not done anything to injure others and most of the things for which they are made liable happen beyond their control, tort law essay the state makes them liable for the damages caused because no one else may be made liable.
Policy considerations were recognised in the Wilberforce test and the test in Caparo v Dickman. Arguments that an extension of liability for negligence would lead to a flood of litigation or to fraudulent claims were once granted greater credence than they are today.
But other arguments, such as the possible commercial or financial consequences, the prospect of indeterminate liability, the possibility of risk spreading e. In modern days the courts have acknowledged a broad range of factor that may be appropriate to the rejection of a duty of care. For example, a duty of care may not exist. Therefore the chief Justice Gibbs in Shaddock and Associates v.
Parramatta City Council CLRoutline three key different approaches Khoury and Smyth Firstly, a person may fail to take appropriate precautions, which would be regarded as a negligent act. Secondly, it may refer to passive inaction where a person does not take any action, tort law essay.
The general rule is that there is no duty on a person to take action in order to prevent harm befalling others. Final words might foreseeability established such a manners or flow that the claim of Donoghuev. Stevenson, tort law essay, for instance the neighbourhood principle capacity guide to several claims great amount of harm. Therefore the High Court in Shaddock develop the following test involve three test questions, that must be response tort law essay establishing duty of care to exist.
a Was the advice given on a serious matter? b Did the speaker realise, or ought he to have realised, that this advice would be acted upon? c Was it reasonable for recipient to act on the advice? Therefore, such finding does not automatically qualify the plaintiff to be award for the damage; the plaintiff must show tort law essay supplementary key.
For instance the defendant breaches the standard of care, or there were Sufficient Connection in Law. By considering that the duty of care is owe, the defendant must take appropriate precautions, tort law essay, which would be regarded as reasonable person.
Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email. Please, specify your valid email address. Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. However, we might edit this sample to provide you with a plagiarism-free paper, tort law essay. Search for: Search. Related posts: Richards v. United States Law — Tort Negligence: Common Law and Understanding Business Law Norfolk Southern Railway Co.
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· Essay on Tort Law: Causation - Words. The aim of tort law is to compensate the claimant and to deter defendants' discuss whether the rules of causation and remoteness of damage fulfil this aim. StudyMode - Premium and Free Essays, Term Papers & Book Notes. Sign Up Negligence and Tort Law - Tort Law Essays Negligence and Tort Law In general terms, negligence is “the failure to use ordinary care” through either an act or omission Tort Law of Negligence. Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury (Stuhmcke and Corporation. E ). However, this form of tort differs from intentional tort as regards the manner the duty is
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