StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Torts - Contracts - Employment Law .. Discussions - Essay Example

Cite this document
Summary
Tort refers to the private wrong against somebody or personal property. However, as society evolves, new torts have been created while others have been abolished, probably due to change in society’s perception of things,…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Torts - Contracts - Employment Law .. Discussions
Read Text Preview

Extract of sample "Torts - Contracts - Employment Law .. Discussions"

Task: Discussions of Torts, Contracts, and Employment Torts There is no doubt that torts, have evolved over time. Tort refers to the private wrong against somebody or personal property. However, as society evolves, new torts have been created while others have been abolished, probably due to change in society’s perception of things, among many reasons. Nevertheless, it must be understood that the modern tort law is a product of decades of creation, improvisation, elaboration, creation, and modification.

For instance, due to the evolution of tort, contemporary remedies have been formed, which includes; injunctions, the award of damages, permission to engage in self-defense, and many others. For a conduct to be deemed tortious, it must contain some particular characteristics. Without these features, an act might not be considered as a tort. While the society is still evolving new forms of torts are bound to be created, while the seemingly uncivilized or unworthy torts might be abolished. For example, negligence used to be a very broad phrase that implied to any form of breach of the peace, although it has evolved to become a separate entity.

To some extent laws to do with torts have changed over time with respect to case law. For instance, it is through successive cases that legal principles come to be created or developed. (Dolinger, 14)ContractsThe main purpose of having a contract is to create an agreement that the parties have established and to fix the rights and duties, according to that particular agreement. Moreover, courts of law are often brought on board to enforce a valid contract as it was established. However, it must be understood that different contracts are treated differently with varying circumstances.

For a contract to be formed, all the circumstances must be assessed to see if; the offerer has given an “offer”, and if the offeree, has agreed that particular offer. Furthermore, in an event of a breach of contract the involved parties are allowed to sue. However, this must also happen in certain circumstances, such as within the statute of limitations. Statutes of limitations refer to laws that establish the deadline, within which a claim or lawsuit may be filed. Although more than often, contract’s deadlines vary based on the circumstances of the case, the nature of the case, geographic location, and whether the claim or suit is filed in state or federal.

This is just a snippet of circumstances that normally revolve around contracts. (Chirelstein, 139)Employment lawDue to the increasing workplace discrimination, there have been a lot of outcries to expand protected classes, in order to ensure everyone’s safety in the workplace. The famous classes protected from discrimination include; race, color, sex, and religion, although the need to expand the list has been critical than never before. This is because, as time goes by, the society experience new forms of discrimination, hence putting the life of the minority group in jeopardy.

According to the video, EEOC is reportedly challenged with new versions of discrimination; hence they are forced to increase their tact against the war on workplace discrimination. This shows just how employees’ safety and freedom at work is on the line, most especially with the dynamic society where new habits and prejudices against minority groups are formed more often. Because of this reason, the institution responsible for matters of Civil rights should devise new polices on how protected class can be updated.

This will ensure that the minority groups are protected against the increasing discrimination and abuses at work. (Schwartz, 657)Works CitedDolinger, Jacob. Evolution of principles for resolving conflicts in the field of contracts and torts. Martinus Nijhoff, 2000. Print. Chirelstein, Marvin A. Concepts, and case study analysis in the law of contracts. Foundation Press, 2001. Print.Schwartz, David S. "The Case of Protected Class: Reflections on Reverse Discrimination, Affirmative Action and Racial Balancing.

"Wisconsin Law Review 2 (2000): 657. Print.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Torts - Contracts - Employment Law .. Discussions Essay”, n.d.)
Torts - Contracts - Employment Law . Discussions Essay. Retrieved from https://studentshare.org/law/1689358-torts-contracts-employment-law-discussions
(Torts - Contracts - Employment Law .. Discussions Essay)
Torts - Contracts - Employment Law .. Discussions Essay. https://studentshare.org/law/1689358-torts-contracts-employment-law-discussions.
“Torts - Contracts - Employment Law .. Discussions Essay”, n.d. https://studentshare.org/law/1689358-torts-contracts-employment-law-discussions.
  • Cited: 0 times

CHECK THESE SAMPLES OF Torts - Contracts - Employment Law .. Discussions

Creation of a Contract

The contracts made by these are therefore not legally binding.... There are certain exceptions like contracts for necessaries.... Furthermore, the Minor contracts Act 1987 deals with contracts made by minors.... In respect of the facts of the aforementioned question, there does not appear to be lack of capacity and thus contracts, if made, would be enforceable (Mackendrick, 2009)....
14 Pages (3500 words) Essay

Development of the Implied Duty of Mutual Trust and Confidence

The terms of mutual trust and confidence have taken a central duty in the law of contract of employment.... It is the most powerful rule in the modern law of employment contracts.... The implied duty has formed part of the law of the contract of employment for over 70 years2.... These terms apply using the ‘officious bystander' test or using the law test.... A case law applies in the Moorcock case six.... Terms Implied by law apply in cases where a contractual term implied on the basis and not on the intention of the parties4....
8 Pages (2000 words) Essay

The Legal Distinction and Its Consequences

This paper aims at addressing the laws and elements Jill is eligible to obtain in pursuit of her whistleblowing and the consequent damages caused to her employment contract benefits.... The remedies that can be awarded to Jill will be assessed from the standpoint of arbitration and as a federal judge....
4 Pages (1000 words) Case Study

What Are the Main Differences between Contract and Tort

hellip; In general, there is a difference between a tort and contract law and the main distinction emanates from the character of duty owed.... In tort law, specific duties are imposed by the law and are applicable to everyone while in contract law the duty is imposed by the parties themselves involved in the contract.... On the other hand, tort law can be described as a civil wrong not arising from a contract and in the case of negligence, one should owe due consideration to one's neighbour (Capiro Industries vs....
9 Pages (2250 words) Coursework

The Reorganization of the Business

The reorganisation of the business must comply with the provisions of the Transfer of Undertakings (Protection of employment) Regulations 2006 (TUPE).... The 2006 Regulations also apply to situations in which employees are permitted to agree to reorganization changes in employment erms and conditions.... ??6 The effect of Regulation 7 of TUPE is to ensure that the rights of employees are protected in cases where undertakings effecting their employment are transferred....
11 Pages (2750 words) Essay

Vicarious Responsibility and the UK Law

For instance, in the context of work the employer is liable for the actions or omissions… Due to the conditions of the vicarious responsibility and the English law there have been some arguments and discussions.... As a result, this essay aims at ssing in details if there can be a convincing argument to justify the boundary English law sets between acts of employees for which the employer is liable and those for which the employee is liable.... On the other hand, it can be said that there is no convincing argument given the fact that some concepts in the law states that the employer can be held responsible even though the employee is no longer working in the premises....
15 Pages (3750 words) Essay

Aspects of Contract and Negligence for Business

The process of developing a contract includes discussions, exchange of information, employment agreements and negotiations.... Such cases are dealt with by tort law. Tort liability is an obligation that is considered legal of a party directed to a victim due to A court system has to provide a form of remedy to help deal with the issue.... Tort law is considered an English common law and is related to situations that one of the parties is injured and sues the other party for the damages (Burton &Steven, 24)....
14 Pages (3500 words) Essay

The Liability of Employers for Psychiatric Illness Suffered by Employee

Thus,… loyers have legal duty of care under common law to their employees by ensuring that their workplace is free of stress causing events or factors, which can cause psychiatric illness. Munkman (1990) argue that psychiatric injuries that are caused by the negligence of an employer re actionable and amounts to liability on the side of the employer if the events and factors causing the psychiatric injuries emanate from stressful conditions within the work environment of the employer....
4 Pages (1000 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.
Contact Us