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LAW OF TORT 2- DEFAMATION
Finance & Accounting
Pages 5 (1255 words)
Law of Tort 2: Defamation I. Introduction Everyone owes a duty of care to those affected by his or her actions and is liable in law for his or her negligence. Tort is the law that relates to civil wrongs, and in particular the laws relating to negligence. Defamation is a particular form of negligence which can be brought to the courts on the part of the plaintiff.
Here, the law of tort, negligence, and duty of care will be sufficiently explained. II. Law of Tort ‘Tort’ is the French word for a wrong. Torts are civil wrongs. Civil wrongs can be contrasted to criminal acts although one action might result in a potential liability for two claims, one civil and one criminal. If D assaults P, D is liable to be prosecuted for assault and criminal sanctions such as fines, community penalties or imprisonment might be applied by the criminal courts. But P can also sue D in the civil courts for trespass to the person and claim damages for the injury and loss he/she has suffered. Negligence is a tort. III. Negligence, Liability for Negligence, and Defences Against Negligence The case of “Donoghue –v- Stephenson” (2011), set out the basic principles of negligence in English law (pp. 1). The case concerned food poisoning suffered by Mrs Donoghue whose bottled ginger beer was contaminated with the remains of a decomposed snail. As Mrs Donoghue didn’t buy the ginger beer (her friend did) she had no action in contract law (so she wasn’t a party to that contract). The case decided that, in English Law there must be and is a general conception of relations giving rise to a duty of care. ...
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