Nobody downloaded yet

Foundations of Tort - Essay Example

Comments (1) Cite this document
Summary
Tort is a branch of private law, where a person suffers harm because of someone else’s wrongful acts. Torts may be classified according to the negligence of others or their lack of performing their duties, for instance if the councils do not maintain good roads which then cause accidents. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Foundations of Tort
Read TextPreview

Extract of sample "Foundations of Tort"

Download file to see previous pages There are also intentional torts where the person being accused harmed the other with the full knowledge of what harm they are causing, for instance defamation and finally there is strict liability tort which covers injuries people suffer from using products, for instance if a person is burnt with hot coffee from a company that did not provide this information, by writing, to the consumers (Butler 2000 162). Torts usually result in compensation of the accusers, rather than the accused facing a jail term or other punitive measures similar to those in criminal offences. Therefore torts are civil suits brought against other people. The plaintiff in a tort has to prove three things in order to be compensated. First, they have to prove that those standing accused have a moral and legal obligation to act in a particular way. Secondly, the plaintiff has to [prove that the accused did not fulfill their obligation. Finally, she or he has to prove that she or he suffered an actual loss because of the accused not fulfilling their duties. Only after these have been established does the plaintiff get punitive or compensatory damages. Torts usually arise from common law principles coupled with legal enactments. The tort rules on compensation in Australia, especially those arising from accidents have been seen as being outdated, therefore inefficient in the way in which they work. In addition, if the party being sued is a government or public entity, there are several possibilities that people could exploit loopholes to get huge and undeserving compensation for mistakes of their own doing. Parties such as local governments in cities and counties could be sued for negligence by their residents should the latter feel that they have suffered a loss, physical harm or otherwise because the local government did not play its part in some sector or service provision, hence the loss suffered. Australia does not have a general system of compensation for victims, except in some very specific cases, for instance in traffic accidents. Thus, there is no cap on the amount of money that should be paid out to victims, leading to huge losses in cases of other forms of ‘negligence’ by the authorities. However, due to the increase in law suits against authorities in Australia, there was a necessity to start reforming laws on lawsuits against authorities. This led to the Injury Prevention, Rehabilitation & Compensation Act 2001. However, the laws under this act are still taking a while to be implemented (Muirhead & Hocking 2001, p. 111). The primary focus of the Australian tort law reform focuses more on insurance premiums as opposed to the how deep taxpayers have to dig in their pockets to pay for the numerous lawsuits filed against the authorities. It is becoming a source of concern for many citizens as to the source of money used to compensate victims who think they have been wronged by the negligence of the authorities. A higher dependency on insurance premiums rather than public coffers has seen insurance premiums skyrocket to unbelievable rates. This dependence has been brought about by the authorities using money in the public coffers as a last resort measure to compensate victims of the authorities’ negligence, leaving a bulk of the money going to compensate on the shoulders of insurers. Application of such overreliance on insurers in other sectors where the government was the underwriter, for instance in the provision of medical and health care, has led to the insolvency of some big insurance companies and the withdrawal of others, because of the unprofitability of such undertakings. The result is that, at the end of the day, it is the taxpayers of a country who end up ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Foundations of Tort Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Foundations of Tort Essay Example | Topics and Well Written Essays - 1750 words. Retrieved from https://studentshare.org/law/1439565-foundations-of-tort
(Foundations of Tort Essay Example | Topics and Well Written Essays - 1750 Words)
Foundations of Tort Essay Example | Topics and Well Written Essays - 1750 Words. https://studentshare.org/law/1439565-foundations-of-tort.
“Foundations of Tort Essay Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/law/1439565-foundations-of-tort.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
cr
creminelliot added comment 3 months ago
Student rated this paper as
The topic of "Foundations of Tort" was hard to find. I spent countless hours to find it. Here at StudentShare, I got the best example. Many thanks!

CHECK THESE SAMPLES OF Foundations of Tort

Tort Law

...Law December 19, Tort Law In this case, law mainly talks about gas leakage occurred in a pub. Alan was the landlord of that particular pub. In case of a contract, the responsibility is imposed by a contract among the parties, while in tort the duty already stands direct by the act without any alternative. Besides, in a contractual relationship, the responsibility imposed by law is in the directions of the other party, by whom there is privity of agreement. In tort, the responsibility lies in the directions of the members of the public or world at large, with whom there is no requirement for any contract. “A tort is a civil wrong for which the legal remedy is an action...
3 Pages(750 words)Assignment

Moral foundations

...?MORAL FOUNDATIONS It seems as if moral conflicts within the medical profession are inevitable. Health professionals deal with matters of great emotional, psychological, and spiritual weight; opinions and attitudes of patients, families, and doctors range from one end of the spectrum to the other. Somehow, health professionals must integrate their views on the patient's treatment with everyone else to provide care that best helps the patient while still abiding by the patient's wishes and requests, and they must do so within a profoundly secular world view. It's easy to see where a moral misstep could be disastrous for any health professional. In order to mitigate these ethical conflicts, health professionals are held to...
4 Pages(1000 words)Essay

TORT

...and proximity elements for the existence of duty of care. To this end, Lord Bridge commented that “necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of “proximity” or “neighbourhood” (Caparo v Dickman (1990). Accordingly, the judicial determinations post Anns clearly indicate a judicial propensity towards limiting duty of care and the scope of persons the duty is owed to. It is submitted that overall a compromise needs to be struck to ensure a sufficient compromise between the need to ensure adequate protection within the tort of negligence on the one hand and...
9 Pages(2250 words)Essay

TORT

...?Law on Tort Q1 In White & ORS v Chief of Constable of South Yorkshire & ORS the Court was faced with the issue of members of the police force, acting as rescuers, claiming damages from their employer on the ground of psychiatric injuries. This case was an offshoot of the Hillsborough incident where a number of people died whilst scores of others were injured because of the failure of the police to keep the spectators from overcrowding certain portions of the football field. In resolving this case, the Court took into account precedents on psychiatric damage such as Alcock v Chief Constable of South Yorkshire Police,2 a case that also stemmed from the same incident, and Page v Smith.3 The application, however, of the...
5 Pages(1250 words)Term Paper

Statistical Foundations

...?Table of Contents Page of the study 2 Detailed of the statistical inference 3 Critique on inferential methods and tools used, and presentation of results 5 Other quantitative aspects in the study 9 Conclusion 10 References 11 Description of the study The study was all about understanding the pattern and enjoyment of daily activities among heterosexual couples. The study was conducted in order to understand which activities were taken simultaneously by couples and which of those were separately done. Furthermore, it was the concern of the study to find out if activities conducted together by couples were more enjoyable than those done separately by them. In order to find out the above objectives, the study was able to make use... of Contents...
9 Pages(2250 words)Essay

Tort law

...? Tort Law of the of the Tort Law Nervous shock is the term used by the legal profession for psychiatric injury. Such injury can be accompanied by physical symptoms. For instance, a heart attack could be engendered by psychiatric injury. A claimant for nervous shock has to submit evidence of having undergone serious psychiatric injury. Moreover, such psychiatric injury should be other than passing sorrow or fear. Such claims have to be supported by medical evidence, and the judiciary has depicted willingness to lend credence to claims entailing nervous shock.1 In order to advise Newns store in respect of its liability against its customers, the following issues have to be addressed: Whether the Newns...
7 Pages(1750 words)Essay

TORT LAW

...?TORT ESSAY In Fred’s situation, the legal regulations regarding the law of tort should be applied. The will thoroughly analyze the situation based on the possible claims that Fred might have and provide legal solutions for each matter. The law of torts will be widely applied in this essay, due to the fact that it “will often help us not only to justify the existence of liability, but also guide us to determining the extent of the tort.”1 1. Fred’s claim against Paul regarding the capital gains tax I believe Fred is entitled to sue Paul for the suffered economic loss because of the neglected duty of care on behalf of the latter. Paul had advised Fred to sell some of his...
6 Pages(1500 words)Essay

Tort

...Requirement of Employee and Public Liability Insurance The Employers’ Liability Compulsory Insurance Act of 1969 and subsequent regulations apply to ‘… every employer carrying on any business in Great Britain…’. This means that ‘one-person’ businesses that have been incorporated into limited companies have been subject to the legislation and the need to buy insurance. Section 5 of the Employers Liability (Compulsory Insurance) Act 1969 states that: "An employer who on any day is not insured in accordance with this Act when required to be so shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; and where an offence under this Section committed by a corporation...
6 Pages(1500 words)Essay

Tort

...Tort Tort A civil wrong is also known as tort. This is where a person stands accused of causing harm, and/or loss to another individual, unintentionally. A tort can be in many forms. An example could be due to negligence. Victims of civil wrongs have the right to be compensated by those who have been accused. This could either be directly, or indirectly. These damages are often in terms of money from the party that stands accused of causing harm (Currie & Cameron, 2000). Usually, these matters often end up in a court of law. However, civil wrongs cannot be equated to criminal wrongs. Most tort cases occur due to negligence. This is where a person causing...
2 Pages(500 words)Essay

Foundations of Tort

...relates to different modes of judgments and repercussions. One of the kinds of wrongs that are common and need people to be much aware of are torts. In legal terms, torts can be said to unlawful acts or wrongs that are given recognition by law as those standing for a lawsuit. Whenever these wrongs are committed, they result in a form of harm or injury that constitutes full ground for seeking compensation by the party that has suffered the harm. There are some torts which when committed, are categorized as criminal offences and actually call for full imprisonment or stricter approaches. However, the main aim of tort is to ensure that full compensation is done for the...
7 Pages(1750 words)Essay
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 Foundations of Tort for FREE!

Contact Us