The Aim of an Action in Tort - Assignment Example

“A tort is a civil wrong for which the legal remedy is an action brought by means of civil proceedings by or on behalf of the injured party for damages or some other legal remedy desired by the person who has suffered the wrong” (Law of Torts Including MV Accident and Consumer Protection Laws-I 1).

The fact of the Case:

The case provides a summary of the gas leakage in Pub. And also this particular case brings out the various ethical matters concerned with the disaster. Ben, who is the employer of the Maid Marion Gas Company, carelessly fixed pipe work which caused leakage of gas into the pub. Chef of the pub Charlie lit a gas in the kitchen and consequently, this caused a blast and fire in the pub. So, Donald, the barman suffered harsh burns and consequently a recurrence of the clinical depression, which he had to undergo some long ago.

Parties involved:

The parties involved in this case are Alan, Emma, Charlie, and Donald.

Alan can claim against the Maid Marion Gas Company for nervous shock and negligence. In tort law, Negligence depends on the existence of a contravention of the obligation of care, owed by one person to another. Alan came home later, subsequent to the fire, and saw that his pub had been completely destroyed. He was so distressed that he is to date suffering from insomnia and nervousness. The company should take due care for preventing any kind of leakage.  Gas is such a hazardous substance and leakage of gas can create lots of tragedy in society. And also, it will create environmental pollution in society. Here the leakage is mainly because of the carelessness on the part of the employer Ben. But at the same time, it is the duty of the company to check all those things because it is such a toxic substance.

Emma and Charlie are the secondary victims of the gas leakage. Because of this, they faced nervous shock. So, they also can claim against the Maid Marion Gas Company for the nervous shock. Charlie is the chef of the pub, he lit a gas stove in the pub kitchen and a few minutes later this caused a blast and fire in the pub. That time he was outside in the garden, he was not injured in the explosion but felt accountable for the injuries undergone by his co-worker, and has now had a nervous breakdown. Emma, who is girlfriend of Donald and also who had lived with Donald for some years, reached his hospital bed some hours later after he had an emergency operation. She was extremely shocked to see him greatly bandaged. Since then she has not slept soundly and has suffered panic attacks.

And also, Donald can claim compensation from Ben and Maid Marion Gas Company for the injury that he has faced. Donald can also claim under Workman Compensation because his injury was caused at the time of work and also on the working premises. Donald is the primary victim of the tragedy. Both Ben and Company are jointly liable for the injury of Donald. They are also liable for vicarious liability and negligence. “Vicarious liability is the principle of law that holds one party liable for the acts (or inactions) of another” (Beyer 3). Vicarious liability, which is general in some parts of the law, refers to lawful duty for the actions of another. If a rule holds X accountable for Y's actions, then X's responsibility is said to be vicarious.

Conclusion:

A tort is an offense that is privately impeached, usually for damages, though some tort suits look for injunctions. The main aim of an action in tort is to recompense the injured for a grievance he or she has endured due to any act or omission of the offender or tortfeasor. So in this case deals with the leakage of gas, which is mainly because of the negligence on the part of the company. Negligence is normally the failure or omission to do something that a real person would do. So, the above-mentioned parties can claim for the grievances that they suffered due to the negligence on the part of the company.