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rs note an increase in the tendency of claimants to claim damages for any injury to them caused by any action or any omission on the part of others regardless of whether there was a duty to care a breach of that duty. The factor of the injury being foreseeable has also been neglected in a favour of the claimants. This tendency to litigate is fuelled by the so called ‘Ambulance chasers’i.e. lawyers who instigate parties to seek redressal in court regardless of the likelihood of success in the action. It is argued that this is the result of the influence essentially of the culture of litigation in the United States. The aim of this study is to analyze whether the so called ‘compensation culture’ exists in Britain and whether the imposition of liability might be adverse to the public interest by preventing desirable activity from taking place.
As a harsh reminder of the state of affairs no other incident is more empathetic than the speech delivered by the then Prime Minister Tony Blair. This was regarding risk in public policy making. Tony Blair said
“We are in danger of having a wholly disproportionate attitude to the risks we should expect to run as a normal part of life. This is putting pressure on policy making … -to act to eliminate risk in a way that is out of all proportion to the potential damage. The result is a plethora of rules, guidelines, responses to ‘scandals’of one nature or another that ends up having utterly perverse consequences”1
He went on to say “Something is seriously awry when teachers feel unable to take children on school trips, for fear of being sued…where health and safety rules across a range of areas is taken to extremes.”
The speech goes on to talk of a girl who sued the girl guides association because she burnt her legs on a sausage and the man who was injured as a result of his failing to apply the break on a toboggan run in an amusement park. The cases did not result in big compensation awards but leave
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Hence, the information disclosed was without an intention to publish. B. Analysis of applicable Tort law The potential liability can be imposed on Alex for defamation. Thus, it is relevant to analyse tenants of Law of Defamation in Tort in order to conclude Alex’s risk of potential liability.
The incident causes Susan and Mark to sustain some injuries. In a chain of events, Susan's accident leads to a further issue that interrupts the electricity flow of the company and causes her to lose work meant for the client, ISH-BETH. This paper examines the core legal elements and facts relating to the situation and provides the various claims and defences that can be raised by the four core parties in the case.
Professor Winfield’s definition of private nuisance is broad enough to cover an indefinite category of interferences with another’s use or enjoyment of land or rights in connection with it. In fact, Gearty describes the development of the tort of private nuisance as becoming increasingly “confusing”.2 However, an examination of developments at common law suggest that the courts have attempted to qualify the definition of private nuisance so as to ensure against too broad an application of liability for private nuisance.
Humphrey does not have a case for libel, because libel consists of printed lies or untruths. However, Humphrey may have a case when it comes to Rupert slandering him, since he spoke untruths to a public audience about Humphrey Fanny is not really liable for either libel or defamation because she only dictated what Rupert said.
n According to the doctrine of precedent, Judges in the court are not expected to make decisions on a whim or feeling, but they have to follow previously decided and established legal cases so as to maintain uniformity in laws. Law of Contract and Law of Tort are the two major strands to English law.
The paper will discuss the elements of negligent tort and the available remedies for the tort.
Negligent tort is characterized by breach of a person’s duty of care, to others, and a subsequent legal injury caused by the breach. There exist four basic
as a consequence of an unfair act of the other party (Kenny, 2015) Tort feasor or defendant is the person who incurs liability for damage he has inflicted or has made the plaintiff to incur. The law of torts is resultant of a web of common law doctrines.
The principles have
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