Nobody downloaded yet

Law of Tort - Essay Example

Comments (1) Cite this document
Summary
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 PAPER98.5% 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
  • CHICAGO
(“Law of Tort Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved from https://studentshare.org/law/1395759-law-of-tort
(Law of Tort Essay Example | Topics and Well Written Essays - 2750 Words)
https://studentshare.org/law/1395759-law-of-tort.
“Law of Tort Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1395759-law-of-tort.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
bb
bbuckridge added comment 1 year ago
Student rated this paper as
This paper saved me today. I liked the structure. It was very useful for my law course.

CHECK THESE SAMPLES OF Law of Tort

Law of Tort

...? "...one 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

LAW OF TORT

...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