Blighs Claims and Liabilities in Tort - Case Study Example

Only on StudentShare

Extract of sample
Blighs Claims and Liabilities in Tort

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 ...
Download paper


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…
Author : conroyjaron

Related Essays

Claims for Damages Arising from the Tort of Negligence
The paper tells that in law, any person who has suffered loss or injury has a likelihood of receiving compensation from making a claim of that loss or injury if it can be proved that the loss or injury suffered was partly or wholly as a result of negligent omissions or commissions of certain acts (s) of another party or person. The compensation is aimed at not necessarily making up fully for what had happened to the person but rather to enable the injured party move on with his/her life with less difficulty. If appropriate, claims should be made for damages that arise from a given situation....
11 pages (2761 words) Essay
The State's Tort claims Act in California
However, it is not everybody that is qualified to file a claim. There are steps that need to be followed in order to file a claim successfully. There are some basic information that must be in a typical claim form. One should also note that there are strict timelines that are set by the California Tort Claims Act and this claims act must be duly followed. Introduction The California State Torts Claims Act stipulates under sections 810-996.6 that before a lawsuit for money damages is brought against a government entity, there must have been a written claim that must have been drafted and...
3 pages (753 words) Research Paper
Tort Assignment
Dickman. In Donoghue, Lord Atkin spoke in his judgment: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being so affected when I am directing my mind to the acts or omissions which are called into questions.” ([1932] AC 562 at p 580). This is known as the Neighbour Principle. In Anns, Lord Wilberforce identified the loss...
6 pages (1506 words) Essay
Tort Law
In essence, tort law is applicable in circumstances where an individual’s or a group’s negligence, carelessness, and/or failure to take precautionary actions results in other parties’ to incurring pain, losses, discomfort, harm, incapacitation and/or death3. Although they may cause losses and pain to their victims and their loved ones, it should be clear from the onset that not all tort cases are criminal acts. It is therefore imperative that the victim of another’s negligence or carelessness seeks compensation for the loss or pain suffered. In case a victim dies, his/her loved ones or...
8 pages (2008 words) Essay
Insurance claims
Whenever there is an accident, the affected parties (car owner and passengers) have the right to seek for compensation from their insurance companies. This chapter looks at the legal responsibilities of certain people for injury or damage caused by accidents on private and public property. These include owners, occupiers, other people who control buildings and land. The Civil Liability Act 2002has modified the way in which liability for negligence is determined. Under the Act, even if you are injured, you may not have a claim if that injury was caused by something which could have been avoided...
5 pages (1255 words) Essay
Tort Liabilities
Negligence is an example of unintentional torts. Most contemporary tort theory focuses on the legal consequences of accidents, where the relevant forms of liability are negligence and strict liability. (Theories of Tort, 2003).
13 pages (3263 words) Case Study
Got a tricky question? Receive an answer from students like you! Try us!