Tort law - Essay Example

Comments (0) Cite this document
Summary
Tort law Name Institution Date Tort Law Tort law is one of the widely applied laws in the English common law. It cuts across from the social to the professional fields. It is widely used as a measure to govern the people against any form of injury or harm from those people who are considered to be responsible of their well-being…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Tort law
Read TextPreview

Extract of sample "Tort law"

Download file to see previous pages In fact, a number of critics have advocated for an amendment of this law. In its general statement, there is no absolute obligation of an individual to a duty, but there is a duty not to cause harm. This article will focus on the general application of this law, as well as the various exceptions that are provided. The tort law is used to govern the actions of ordinary persons or professionals that can cause harm to those under their care. The tort law is usually applied to defend the right of an individual who suffers injury as a result of breach of duty by their caretaker. In the court, this is accomplished through financial compensation or an injunction. Financial compensation means that the injured person is compensated with money that is perceived to be equivalent to the damage or injury that they incurred. Injunction refers to the stoppage of an unfair act that causes harm to the subject. The person who is placing such a suit is called the plaintiff, while the sued person is referred to as the defendant (Lunney& Oliphant, 2008). This law is characterized by a number of elements. First, an element of duty or responsibility must be evident. For example, the nurses in a hospital have a duty to ensure that all the beds used by patients are comfortable and in order. Secondly, the element of negligence must exist. Negligence refers to the failure to implement the expected duties hence causing harm to the plaintiff. A good example is when a nurse fails to check the condition of a bed and it breaks down resulting in an injury to a patient. In such a case, it is obvious that the patient suffered injuries because the nurse failed to conduct their duties as expected (Lunney& Oliphant, 2008). Therefore, the implementation of this law requires that it is proven beyond doubt that the Offedant had a duty to offer care to the plaintiff but breached this duty. Also, there must exist a causative relationship between the damage and the negligent action. This means that the law only qualifies if the damage was a result of the breach of duty. Hence, the judge needs to establish that all these elements are present in the case before passing any judgment. In professional application, negligence refers to the failure to act in accordance with the set standards of the duties of a competent practitioner. For instance, the doctors must meet the set professional standards in medical practice. If any harm results from compromise of set standards, then the doctor would be liable (Lunney& Oliphant, 2008). In comparison to the Saudi law, the Tort English law is more efficient in defending the subjects of injury or damage. This is because it gives the plaintiff a privilege to act as an adequate witness in court. The major drawback in Saudi law is that the plaintiff is not allowed to testify. The subjects of the case are regarded as unreliable and biased witnesses. Therefore, the plaintiff is allowed only to provide written allegations before the court. On the other hand, the defendant is allowed to defend themselves orally. This is a disadvantage for the plaintiff as the Saudi law puts more weight on oral testimony than on written allegations. A good example is a case in Saudi court that involved a British citizen who had visited Saudi on vacation. He suffered a spinal injury as a result of being hit by an overgrown Coral while sitting on a wooden platform. The plaintiff lost the case. Other disadvantages in Saudi courts are lack ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Tort law Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/law/1472225-tort-law
(Tort Law Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1472225-tort-law.
“Tort Law Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1472225-tort-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Tort law

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...
3 Pages(750 words)Assignment

Tort Law

...? TORT LAW Tort Law A tort is a civil- wrong other a breach of contact or trust. Unlike crime which is a wrongagainst the state, a tort is against an individual or a group of individuals or a group of individuals. This is a framework of individual rights, responsibilities and actions that is applied by courts in their civil proceedings to relieve the persons who have suffered harm as a result of wrongful acts caused by others. The person suffering from the tortuous act is called the plaintiff. On the other hand, the person responsible for causing the injury and therefore, held liable responsible for the damage is called the defendant or...
12 Pages(3000 words)Essay

Tort Law

...? Tort Law Plan Introduction Thesis ment of the essay: English tort law is in need of urgent reform in order to protect the privacy of individuals. Tort law and statutes that have been used to protect individual’s privacy rights. Definition of privacy. What constitutes individual’s right to privacy and when invasion occurs. 2. An interest for tort law to protect the privacy of individuals Tort law protection in relation to privacy of individual. Means of achieving individual privacy through tort law. Are the current statutory and common...
12 Pages(3000 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...
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...
6 Pages(1500 words)Essay

TORT LAW

...? TORT LAW Institute The issue in this question requires an analysis of Occupiers Liability Act 1957 and 1984. The Acts have not defined what an occupier means, the only decisive element is that there must be control of the premises. A detailed discussion in respect an occupier was provided in the decision of Wheat v Lacon1. In respect of the facts at hand it is evident that Eric is the owner of the museum and has sufficient control over the premises to be considered as an occupier. Occupiers Liability Act 1957 deals with lawful visitors as described in s.1(2) whereby a common duty of care is owed to such visitors. The status of the entrant is quite easily that of a...
10 Pages(2500 words)Essay

Tort Law

...? Tort Law Introduction This paper is an investigation of the liability for tort for a company involved in the manufacture of waterproof membranes that are utilized for civil construction. The activities of the company and its employees have resulted into injury and death for the plaintiffs being represented. The case in question concerns three parties of who this analysis will attempt to determine liability. The analysis of the torts committed will be taken from the perspective of a plaintiff suing from the perspective of battery, and negligence. The analysis will attempt to discover the amount of liability that accrues to the parties involved in both...
8 Pages(2000 words)Essay

Tort Law

...?Tort law Introduction A tort suit is unlike a criminal case, which is instigated and subsequently managed by the it is prosecuted and subsequently managed by the victim or the family of the victim. When such a suit is successful, the results are not in the form of sentencing but rather in a judgment of liability1. This mode of judgment usually entails the plaintiff being compensated financially by the defendant. Simply put, the plaintiff is given the opportunity to transfer the financial burden that has come as a result of the injury, to the defendant. However, in some instances the defendant may be awarded more than the amount due as compensatory relief. This additional amount is known as punitive damages. Similarly, there may... be...
8 Pages(2000 words)Essay

Tort Law

...Tort work- House of Lords Tort Judgment My Lords, the success of the appellant’s appeal will depend on his establishing that the Court of Appeal’s ruling that the respondent did not owe John a duty of care, under the law of tort, constituted a misapplication of the law, in respect of the stated facts and as such was tantamount to an error of law. Accordingly, the starting point is to determine the requirements for duty of care in tort at law. The principal requirements that the appellant must establish under the tort of negligence is that the respondent owed him a duty of care. The test...
6 Pages(1500 words)Essay

Tort Law

...Tort Law TORT LAW Question In the first case, Omar can claim damages from McNulty for psychological injury. This is because a doctor has diagnosed him PTSD arising from the accident caused by McNulty, which is a defined illness relatable to occurrences after an accident. Since events from Omar Little’s past could cause his PTSD and the accident by itself could not result in such an occurrence, he could claim that experiencing flashbacks from the crash that have exacerbated his childhood experiences. However, it will be essential for him to get an expert clinical psychologist or psychiatrist, rather than a general practicing doctor, to give evidence (Best & Barnes, 2011:...
3 Pages(750 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 Tort law for FREE!

Contact Us