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Case Study example - Blighs Claims and Liabilities in Tort
Pages 4 (1004 words)
Tort is a 'civil wrong' recognized by private law as providing a cause of action justifiable in the courts. The term 'tort' does not refer to causes of action based on contract, express or implied. It does not apply to statutory duty, restitution, or breach of the principles of public law…
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Tort may include that this personal violation or wrong can be negligent or intentional such as battery or defamation of character. Torts can also be violations of personal property as well.
Strictly speaking, torts are called civil wrongs as opposed to criminal wrongs. However, torts like battery can be both a tort and a crime and the defendant can face both civil and criminal penalties. Torts may be committed with force or without force to the person or to the property in possession.
Tort laws have been enacted to provide relief for the damages incurred and deter others from committing the same injurious acts. Under most tort laws, a person can sue for an injunction to stop the continuation of an injurious act or for monetary damages. Under Tort law, a person can also sue for loss of earnings capacity, pain and suffering, and reasonable medical expenses in the present and projected into the future.
Some of the more specific torts include trespass, assault & battery, negligence, products liability, and intentional infliction of emotional distress. Tort liability fall into three categories: intentional, negligent and liability.
(i) Negligence: Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to another. In order to claim damages under 'negligence', the following conditions must have been satisfied.
In the above case, the de ...
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