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Law - Law of Tort - Essay Example

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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…
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Download file to see previous pages The law is also concerned with the option of transferring blame. This implies that using the law blames can be transferred to another person or party. Tort law therefore provides remedies to an individual or a party for losses suffered due unreasonable actions of another person or party. There are two categories of tort laws and they are concerned with suits that are aimed at protecting an individual’s privacy against any violation. Negligence and intentional are the two basic categories or torts and they signify the main tort claims made in most civil courts (Yeats, Giliker & Luckham, 2005). From the given scenario, Charles a freelance photographer sneaks into Bertram compound without his knowledge and proceed to takes his nude photograph. Charles was able to gain access to the highly restricted compound through Desdemona’s assistance. Later a market researcher named Alex tries to have an interview with Bertram in his house without his content. Bertram denies him a chance for an interview based on the warning sign at his drive. In particular, the sign states that any trespasser will be prosecuted. Bertram go ahead and caries the market researcher to the drive although he had proved his identity. According occupier’s liability act of 1984, Alex Charles and Desdemona, violated Bertram’s right to privacy on the other hand Bertram violated Alex’s rights by carrying him forcefully. ...
Firstly, Bertram is a billionaire who believes that he should have a private life free from any intruder. He has gone to an extent of placing a sign at his drive indicating that all trespassers will be prosecuted. As an ordinary person, Bertram is entitled to privacy according to the law and therefore any trespassing is a violation of his rights (Yeats, Giliker, Luckham, 2005). Secondly, his house is a private property and therefore he has the right to allow accept or reject visitors accordingly. Concerning the two unauthorized visitors to Bertram’s compound, Charles has a more serious case to answer according to tort law. Although he is a journalist, he needed endorsement before gaining access to Bertram’s compound. In addition, Charles took unauthorized photographs in two separate occasions and this proves that his acts were intentional. Charles not only intentionally took unauthorized photograph of Bertram and his compound but he took nude photographs of the complainant. These activities are intentional and therefore Bertram has legal claims according to the tort law. Basing on those arguments Bertram can proceed to make a legal suit against the trespassers; however, he should make his claims with caution in order to attract the relevant remedies. He has to be aware of the possible claims that Charles can present in the courtroom in defence of his action. Charles can base his counterclaims on the requirements of his career as a journalist. From this basis, Charles can claim that as a journalist, his work serves the public and therefore he needs to cover events that are of public interest. He can therefore claim that the highly restricted Bertram’s compound is of public interest and therefore he should have some legal protections against any legal suit that ...Download file to see next pagesRead More
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