Law of Tort - Research Paper Example

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LAW OF TORT NAME GRADE 8TH DECEMBER 2011 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)…
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Download file to see previous pages Torts can be classified into three categories depending on the nature of the defendant’s conduct: intentional torts, strict liability torts and torts of negligence (Edwards, et al., 2009). An intentional tort is a tort that describes a civil wrong resultant from a deliberate act on the part of the defendant. Intentional torts usually involve actions which may also constitute a crime, for example an assault. However, a tort should be distinguished from a crime. Strict liability torts refer to situations where an individual is liable for injury of another no matter the precautions that were taken. This type of torts is found to a lesser degree, more often than not in the context of product liability. Negligence as a tort decides legal responsibility for slapdash action or inaction which causes injury. Thus, the tort of negligence covers a wide span of human activity and it may not necessarily be concerned with the activity itself but also the manner in which the activity is carried out. A negligent conduct is that which falls bellow an acceptable standard and it will mount up to a tort if it causes damage to a party. Negligence will be proved where the defendant owed the claimant a duty of care, the defendant breached that duty of care, the breach resulted to harm or damage to the plaintiff and lastly, the type of damage suffered by the plaintiff is closely related to the defendant’s conduct/actions (Stuhmcke, 2001). The objectives of the law of tort are to compensate victims of injury and loss and protect the interests of individuals that are their reputation, property etc. The other objective of the law of tort is to ensure that individuals check their actions and realize that they affect other people. It also provides the means whereby a person who regards himself or herself as above suspicion in a dispute can be judged by being declared in public to be on the right by a court (Postema, 2002). The person who commits a tort is known as a tortfeasor and the one to who suffers the damage is known as the tortfeasee. The Duty of Care Element For a tort of negligence to occur, the defendant must have been bound to perform some duty, that is, a defendant is only liable in negligence to a person to whom the defendant owes a duty of care and if this element is absent, the action of negligence will fail (Heaven v Pender, 1883). In this case, an owner of a dry dock supplied ropes that were used to support a phase that has been slung over the ship’s side. The stage failed because it had been previously burned and it injured an employee of a different contractor who was working over the ship’s side. The court held that the defendant, who as the ship owner was liable of tort of negligence because he failed to carry out his duty of care by checking the condition of the ropes before using them (Reid & Zimmermann, 2000). Thereza being an employer of the twenty employees, she has a duty to take due care and diligence when dealing with them. She has a duty to fairly remunerate them as agreed in the employment contract and provide a good working environment for her workers which ensures employee health is maintained. She is also bound to supply the employees with the necessary tools and equipments to enable them carry out their work and maintain their safety. Another duty of Thereza as the ‘ ...Download file to see next pagesRead More
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