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Essay example - Professional standards
Pages 6 (1506 words)
BREACH OF DUTY OF CARE (Code and (University name) Introduction A tort is a legal wrong done to someone and for which the law tries to provide a remedy. This is a civil action by one individual against the other and for which it is tried in court…
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These principles arise from case laws. It can also be distinguished by the fact that breach depends on the actions of an individual and not on a previous agreement between parties as seen in contract law (HODGSON, et al, 2007). There are some examples of tort law which include; negligence, intentional torts, and nuisance. Negligence is the most common type of tort where the behaviour of an individual poses an unreasonable risk to people or property. The tort of negligence is established when it can be proven that there is an existence of duty of care between the two parties who are the defendant and the plaintiff. Secondly, when proven that the loss of harm was reasonably foreseeable. Also if it is established if there is a breach of duty on the part of the defendant. This is where it is proven that his behaviour falls below the threshold set for a reasonable person. Finally, negligence is proven if due to the defendant’s breach, there was loss or injury to the part of the plaintiff. Nuisance is a tort which implies that people should not interfere with other people right to quiet through the noise and pollution. If they do so, they are liable under the nuisance tort law. Finally, intentional tort covers acts that are reasonably foreseeable to cause harm and cause harm. ...
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