Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Law of Tort - Essay Example

Comments (0) Cite this document
Negligence entails the omission of an act resulting in an injury. The Oxford law dictionary defines negligence as carelessness amounting to the culpable breach of duty. Failure to do something that a reasonable man would do amounts to negligence. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.2% of users find it useful
Law of Tort
Read TextPreview

Extract of sample "Law of Tort"

Download file to see previous pages Carroll, v Fearon D , negligently manufactured a tire that led to a fatal accident on a motorway owing to its disintegration. This case did not attribute any specific negligent act to the manufacturer. Therefore, the judge held that either there was no requirement to specify the particular persons responsible for the defects, or the particular negligent act or omission. The disintegration of the tire accrued owing to the fault committed during the manufacturing process. In this case, the manufacturer was in confusion to explain how the fault connected to negligence. The duty of the judge is to identify negligent act . Negligence is the act of an individual to exercise due care. An act is negligent if the wrongdoer knew foresaw the outcome of the act one is negligent if the action done ought to take all reasonable foreseeable measures to ensure that the other party by his omissions or deeds is not injured by his omissions or deeds. In Heaven v Pender the defendant was negligent by not ensuring that the ropes in good condition before using them to hold the dock. Duty of care means the conditions, which give rise to an obligation to take care. Duty of care is the obligation to ensure that damage is not caused by observing due care . Duty of care exists where a person reasonably might suffer an injury, damage, or loss because of another person’s actions and the other person owes the first duty of care. There are two forms of duty of care, duty recognized by law and duty brought about by the circumstances. Where law has not provided for the duty of care, the test of the foreseeable plaintiff applies; the duty is not owed to the world at large, but just to a person within the extent of the harm created, that has been for the foreseeable victim5. The duty of care serves two purposes the first is to provide a framework for various situations in which liability may arise. It assists in showing where an individual is liable to another or owes the other a duty. The other purpose is to limit claims related to the negligence of a party; it sets the boundaries from which a party could claim due to negligence. One is supposed to observe standard care in order to ensure that they do not breach the duty of care. The only way a plaintiff can succeed in any action is by establishing a duty of care. Actions cannot withhold where no duty is established. In Gates v Mckema D6, a stage hypnotist caused psychiatric damage to a volunteer from the audience. Held the level of precaution expected should be that of a reasonably careful exponent of stage hypnotism-factor to consider-standard of care skill required. Standard care in this case is the care an individual is supposed to observe in order to ensure others are not injured or suffers losses. In Marshall v Osmond7, D while in pursuit of an escaping criminal, slammed on to the car crashing it. The presiding judge interpreted that the duty of care by the police officer was the same as that owed by any other. The duty to exhibit such care and skill was reasonable since the accident was unavoidable. He also ruled that, driving alongside another car in the police attempt to make an arrest was erroneous. This is because his judgment in the case did not amount to negligence. The factors that affect the duty of care are the balance of the involved dangers and the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law of Tort Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from
(Law of Tort Essay Example | Topics and Well Written Essays - 2750 Words)
“Law of Tort Essay Example | Topics and Well Written Essays - 2750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

The Distinction Between the Tort of Negligence and the Tort of Nuisance

There are many instances in which establishing a claim in private nuisance does not require proof of negligence and it, therefore, remains necessary to maintain the tort of private nuisance distinct from the tort of negligence. The discussion that follows will demonstrate the necessity by comparing and contrasting both torts.
The tort of negligence is founded on the principles enunciated in the House of Lords decision in Donoghue v Stevenson which essentially defines the duty of care and situations in which a breach of that duty will give rise to a claim in negligence. Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbours. He goes on to fully explain the duty of care i...
17 Pages(4250 words)Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Applied Land Law, Contract Law and Tort Law

There seems to be a lack of consideration to accompany the subsequent agreement between the parties for ABC Ltd. to pay the extra ₤10,000. In essence, ‘consideration’ refers to something of value, in a legal sense, flowing from Grabit to ABC Ltd. so as to enable Grabit to hold ABC Ltd. to its promise to pay that extra amount.
Grabit will obviously argue here that they are indeed doing something of value to ABC Ltd by building the extension of the warehouse. However, the problem is that this building of the extension is exactly what Grabit was already contractually bound to do under the ₤200,000 fixed price contract. As seen from Stilk v Myrick1, the general rule is that the performance of an existing contractual d...
11 Pages(2750 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study
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