Law of Tort - Personal Statement Example

The law has tremendous social implications and has serves the cause of the innocent people in their hour of need when they inadvertently become victim for the faulty behavioural actions of others. The law of torts has been in existence since the centuries and has been serving the welfare of the people through out the world. The basic principle for the conceptualisation of the law was that in the event of any incidents, natural or otherwise, which results in harming the innocent people, the people are provided some legal recourse to pin the blame on others and probably get some sort of socio-economic compensation.

The wide scope of the law, gives relief to people in almost all areas of their life but now they are frequently used in hit and run cases, insurance, intellectual property rights, natural disasters and other such areas where the liability for the said injury can be placed on the culprit within the precincts of the law. As mentioned earlier, the law deals with the wrong doings of some people which affects the welfare of the others. As such, the most important feature of the law is that a sufficient ground for pinning the credible liability for the wrong is established. . When liability is imposed strictly and the person breaches the bounds, he is liable to be blamed even when no harm is caused.

For example, in the case of rash driving, even if the driver does not harm anybody, he can be sued because his actions could have become injurious. Whereas, in 'faulty' liablity, it is important to eatablish that the 'wrong' on the victim is a result of the wrongful action of the defendant. The underlying concept one's duty to safeguard the interests of others, is the vital ingredient of the law of tort. It, therefore, is one of the most important law which serves as effective deterrent for people to act irresponsibly and become accountable for their behaviour when they infringe on the rights of others which may result in any type of 'harm'.

Another pertinent point is the correlation between the wrongful act and its economic implications within the legal framework. This aspect of the law of tort is often embroiled in controversy with regard to the extent of economic compensation the victim is liable to get. In the recent case of Barker v Corus UK Ltd [2006] 2 AC 572, was a decisive case in terms of clarifying the extent of economic compensation and the role of causative agents which must prove the credibility of rightful demand for compensation.

Lord Hoffman (of House of Lords) stated in his judgement that 'the impossibility of proving that the defendant caused the damage arises out of the existence of another potential causative agent which operated in the same way' and that 'he (defendant) should not be liable for more than the damage which he caused and, since this is a case in which science can deal only in probabilities'' (Thompson, 2007). The