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Tort law - Essay Example

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Tort law essay
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Tort law

Tort law is one of the most important aspects of the legal industry. In simple words, tort law can be defined as a specialised body of law that provides solution for the mis – doings or wrong doings that are basically civil in nature and does not arise from any contractual obligations. In other words, tort law is the set of laws that are used to get legal damages by the accusers in case the accused is legally responsible for the damage caused. The prime difference in between any criminal case and a case of tort is that of motif and punishment. While criminal cases involve those that are motivated to hurt the other party in some way or the other, the cases that are of tort in nature does not hurt other knowingly. In most of the cases, damage is caused by chance. Therefore, also there is a major difference in case of punishment in between both the cases. Criminal cases basically involve harsh punishment as the intention was to hurt the other party while tort cases predominantly attract only compensation on the loss that has been caused because of the hurt. The tort cases primarily have two important pillars upon which the entire set of law revolves namely ‘the standard of care’ and ‘negligence’. ‘Standard of care’ is a legal phrase that helps the honourable court to identify if the case is of tortious in nature or not. The underlying point of contention for the ‘standard of care’ is that who actually suffers the actual loss from the injury, is it the person himself or is it transferred to some other party. The other important consideration is that of negligence. The charging party i.e. the accuser needs to prove in the court of law that the damage incurred was because of the negligence on the part of the other party. If is not proved that the damage was because of the negligence, one cannot be held responsible under the tort law.
Compensation culture is an ongoing trend especially in the states of England ... Read More
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