Law of Tort - Essay Example

Comments (0) Cite this document
Law of Tort Defamation is defined as a tort that prevents an individual from undergoing loss of reputation. It achieves this by disallowing the publishing of information that could result in undesirable attention from others. Defamation has also been described as the publication of a statement that could harm a person’s status or cause harm to one’s sense of worth (Caldwell, 2008, p…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
Law of Tort
Read TextPreview

Extract of sample "Law of Tort"

Download file to see previous pages 369).It is the considered opinion of some scholars that these conflicting interests do not admit of any balancing. Article 8 of the European Convention on Human Rights deals with the right to privacy. The right to freedom of expression is dealt with under article 10 of the European Convention on Human Rights. The Human Rights Act 1998 requires a fair balance between these two contesting needs. The presence of a serious social requirement is essential for limiting freedom of speech. All the same, UK privacy case law has been seen to favour the right to privacy. This causes substantial commercial and practical difficulties. Thus, book publishers and photo journalists face considerable difficulty in their work. Thus, in Cream Holdings Ltd and others v Banerjee and others the lower court granted an injunction. This was aimed at suppressing information regarding the corrupt practices in vogue in the Cream Holding Ltd. On appeal to the House of Lords, this decision was reversed. However, considerable difficulty had to be undergone by the defendant, in order to bring these corrupt practices to the notice of the public. ...
These drawbacks to the English legal system have resulted in several cases being filed against the UK in the European Court of Human Rights (Harlow, 2005, p. 128). In defamation cases, public funding is not provided. This makes it difficult for an individual, with limited means, to defend an action initiated by a multinational corporation. This was the unfortunate situation in McDonalds v Steel and Morris. This unfavourable situation has been rectified to some extent by the introduction of conditional fee arrangements. Due to this arrangement, a much greater number of people have been enabled to make defamation claims (Harpwood, 2008, p. 397). Thus, in Dering v Uris, the jury awarded a nominal amount as damages to the claimant. Dering had been a physician at the infamous Auschwitz during the Nazi regime. It had been proved that Dering was guilty of serious war crimes. However, he successfully established that some of the accusations made against him by Leon Uris, were defamatory and false. Similarly, in Plato Films v Spiedel a trifling amount was awarded as damages for similar reasons (Harpwood, 2008, p. 397). Thus, in Hamilton v Al Fayed, the Court of Appeal upheld the ruling of the trial court judge. The latter had not awarded costs orders against them, as per the provisions of section 51 of the Supreme Court Act 1981. An instance where a very high cost was incurred, related to that of Taylforth v Metropolitan Police Comr and The Sun Newspaper. In this litigation, the claimant had to pay around ?500, 000 as costs, for a hearing that lasted 11 days. Furthermore, a libel claim initiated by the Body Shop’s Anita Roddick, resulted in a cost of ?1 million to the claimant (Harpwood, 2008, p. 370). In Reynolds v Times ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law of Tort Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from
(Law of Tort Essay Example | Topics and Well Written Essays - 750 Words)
“Law of Tort Essay Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Law of Tort

...? " thing is clear, and that is that liability in negligence for harm caused by the deliberate wrongdoing of others cannot be founded simply onforeseeability that the (claimant) will suffer loss or damage by reason of such wrongdoing. There is no such general principle. We have therefore to identify the circumstances in which liability may be imposed." Lord Goff in Smith v Littlewoods [1987] 1 All ER 710at 731. Why is foreseeability not enough to establish a duty in this sort of situation? What else is required? In tort law, foreseeability is a critical element. In case of strict-liability and intentional torts, foreseeability is considered to be more relevant. Foresee is having the...
12 Pages(3000 words)Assignment

Law of Tort

...? A tort may be defined as one person’s interference with another’s rights, either through intent, negligence or strict liability (Brown et al, 1993). Thus, under the tort law, every person is entitled to certain rights and these include the right to be free from bodily harm, the right to enjoy a good reputation, the right to conduct business without unwarranted interference and the right to have one’s property free from damage or trespass. Negligence is an accidental or unintentional tort which occurs quite often in society. In order to succeed in tort suit for negligence as reflected by the case of Capiro Industries vs. Dickman (1990), the plaintiff must prove the existence of all of the following statements: The defendant owed... the...
10 Pages(2500 words)Essay


...A tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one’sneighbour (Capiro Industries vs. Dickman 1990). It generally refers to the duty of care owed by somebody to his or her neighbour. Cooke (2010) suggests that in the event that it can be proved beyond any reasonable doubt by the court that the plaintiff has suffered a civil injustice, a claim can be raised and a remedy in the form of compensation can be instituted. In this case, negligence is a common form of tort law which can be punishable if carelessness is proved and the victim will be entitled to get compensation. Failure to...
14 Pages(3500 words)Essay

Law of Tort

...?Question Private Nuisance Winfield’s definition of private nuisance as the unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it1, captures the common law development of the tort of private nuisance. Professor Winfield’s definition of private nuisance is broad enough to cover an indefinite category of interferences with another’s use or enjoyment of land or rights in connection with it. In fact, Gearty describes the development of the tort of private nuisance as becoming increasingly “confusing”.2 However, an examination of developments at common law suggest that the courts have attempted to qualify the definition of...
14 Pages(3500 words)Coursework

Law of Tort

...of obvious risks.24Moreover, even if WRC is found to be liable, Sarah’s right to recovery would be reduced under the Law Reform (Contributory Negligence) Act 1945 because she failed to take reasonable care in running in a railway at a presumably busy time of day.25 The sign seeking to exclude liability however is void under the Unfair Contract Terms Act 1977 is void. By virtue of the 1977 Act liability cannot be excluded for personal injury cannot be excluded where the premises is a business.26 However, since it is unlikely that WRC will be found liable for Sarah’s injury, the question of exclusion of liability will not be relevant. Bibliography Textbooks Harpwood, V. Modern Tort Law,...
6 Pages(1500 words)Essay

Law of Tort

...?LAW OF TORT GRADE 8TH DECEMBER Introduction to Law of Tort A tort can be defined as an action done by one person and that causes harm, damage or an apprehension to another. Therefore, the law of tort establishes the circumstances in which a person’s interests have been harmed by another and how he can be compensated through the civil courts (Harlow, 2005). A tort should therefore be differentiated from a crime. In a tort, the injured party should be compensated by damages but a crime leads to criminal proceedings. Crime is as a result of breaking the law (Adamson & Morrison, 2011), but a tort may not be as a result of breaking the law hence; it necessarily may not be a criminal wrong. Torts can be classified into three categories... injury....
8 Pages(2000 words)Research Paper

Law - Law of Tort

...?Law of Tort As a branch of civil laws, law of tort came into existence at the beginning of the nineteenth century although most developments in the subject were achieved later. The law of tort is concerned with civil crime unlike the common branch of criminal laws. The law is concerned with claims where the defendant has broken important responsibilities imposed by the common law leading to losses or injuries (Yeats, Giliker, & Luckham, 2005). In most cases, people who have suffered injuries apply law of tort to seek compensation as...
9 Pages(2250 words)Essay

Law of Tort Article

...TORT LAW A tort law has several aspects that make it different from criminal law. Criminal laws are prosecuted on behalf of society. All fines paid will go directly to the government. In regard to tort law, the injured party will sue the aggressor for causing the injuries and any damages awarded will go directly to the injured party. Another difference between the two types of laws is that in criminal proceedings, proof beyond a reasonable doubt is required to obtain success in winning a case. In a tort case, success can be achieved by providing proof based on a...
5 Pages(1250 words)Article

The Law of Tort

...The Law of Tort: Trespass To The Person Introduction The Tort of Trespass to the person originates out of criminal law and involves a number of actionable wrongs. These wrongs are primarily concerned with the direct and often intentional invasion of a person and/or his property.1 The criminal law origins of the Tort of Trespass are evident in its deterrent rather than compensatory nature. For instance a claimant can sustain an action in trespass and not in negligence notwithstanding that he or she has not incurred damages.2 Bridgit Dimond explains that: "Unlike an action for negligence, an action for trespass is actionable without...
20 Pages(5000 words)Case Study

Law of Tort

...Law of Tort I. Introduction Our English law provides for a venue for redress a legal wrong in the law of tort. The law of tort provides for remedies to parties who have suffered losses or injuries as a consequence of the either the intentional or the negligent act of another party. In the law of tort, in order for the agrieved party to claim damages under this law, the duty of care must be establist between the parties. There must be a clear connection between the parties that the act or the omission of the other party will have some grave consequences on the other....
7 Pages(1750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law of Tort for FREE!

Contact Us