The experts perceive that the improvements in the factors like that of communication process and information technology have been instrumental in changing the world fast. The terms and the tricks of the business and finance are experiencing paradigm shifts. The influential…
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 ...
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(Tort Law Essay Example | Topics and Well Written Essays - 1500 Words)
“Tort Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/miscellaneous/394076-tort-law-essay.
Definition of privacy. What constitutes individual’s right to privacy and when invasion occurs. 2. An interest for tort law to protect the privacy of individuals Tort law protection in relation to privacy of individual. Means of achieving individual privacy through tort law.
Cooke (2010) suggests that in the event that it can be proved beyond any reasonable doubt by the court that the plaintiff has suffered a civil injustice, a claim can be raised and a remedy in the form of compensation can be instituted. In this case, negligence is a common form of tort law which can be punishable if carelessness is proved and the victim will be entitled to get compensation.
The essay starts by defining the meaning of key concepts which are tort of negligence as a way of attempting to gain a clear understanding of the whole scenario. The main discussion will be centred on the discussion of the facts surrounding the case and the extent to which duty care can be established in the tort of negligence.
Fred’s claim against Paul regarding the capital gains tax I believe Fred is entitled to sue Paul for the suffered economic loss because of the neglected duty of care on behalf of the latter. Paul had advised Fred to sell some of his stocks and shares in order to avoid the capital gains tax.
Offences and the intention of doing offence changes constantly and this have made the judiciary to respond by introducing torts to cover the different form of offences. The main area of concern has been crimes resulting from negligence and the resultant action has created torts that cover the action.
Essentially, where there has been a situation where an individual suffers a loss and is injured as a result of the negligence of another, they may be entitled to claim losses from the negligent individual or party.
Broadly speaking, in order for there to be a valid claim in negligence, there must be a duty of care from the plaintiff to the claimant; secondly, there must have been a breach of this duty; and thirdly, a causal link both factually and legally must exist between the breach and the harm suffered by the individual.
Brian incurs additional expenses in hiring a replacement van.
Brian's business operations require a constant supply of water for cooling purposes. Donald, while repairing the highway, severs the water supply pipe to Brian's business premises. The water supply is cut off and Brian's equipment overheats and is badly damaged.
This is largely due to the fact that the courts have followed a policy of doing justice to deserving victims, yet at the same time, they do not wish to open the floodgates to innumerable claims based upon
The point Lord Rodger makes in the quotation above, is that establishing breach should not always need to lead to establishing liability. Nonetheless, this essay argues that recent case law shows that public policy considerations are being favored, which is
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