Tort Law Cases Essay

Tort Law Cases Essay
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a
civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed,
intentional, criminal, negligence, and liability as presented in the four researched cases.
State Rubbish Collectors Ass'n v. Siliznoff When a person violates another person's legal rights deliberately it is considered an intentional tort (Mayer
et al. n.d.). Intentional torts are when someone is assaulting someone, trespassing on a person private property, false imprisonment of an individual or
individuals,...show more content...
The association was held liable for the damages that stemmed from the emotional distress of the defendant. The plaintiff had caused the defendant to
suffer such extreme fright that it compelled him to either give up the Acme account he had been working in the service area and give to the State
Rubbish Collectors Association back payment or the defendant had to become a member with the association and pay dues.
The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this
circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for
exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not
excessive and denied the appeal from the plaintiff. No dissenting opinion was made.
People v. Watson Someone commits a wrongful act and someone is the victim is considered a crime. The charge is against the defendant and if
found to be responsible for the crime the defendant serves a sentence and pays a fine to the government and possible restitution is paid to the victim
of the crime. The case presented is an example of a person who is accused of a crime. On November 30, 1981 in Shasta County at the Supreme
Get more content on HelpWriting.net

Limitations Of Tort Law
Law of Torts
Why is tort law litigation not popular in India unlike in the USA?
Law is any rule commonly accepted by society and enforced by the state for smooth functioning of society. Such law is usually classified into two
types, civil and criminal. Law of torts, falls under civil law. The term 'tort' is the French equivalent of the English word 'wrong' and the Roman law
term 'delicit'. It is derived from the latin term 'tortum' which means twisted or crooked as opposed to the term 'rectum' which means straight.The idea is
that any individual who causes harm to another individual must have to provide compensation for the same. Tort law was a mere obscure term till the
middle of the 17th century. It eventually entered into English law by the usage of the French–speaking English lawyers and judges, particularly from
the Courts of Normandy and Angevin Kings of England and is extremely popular in today's day and age in UK, France and several other common law
countries.
In the USA also the law is highly evolved and widely used in practise and is evidently successful. This success is massively owed to the prevalence
and acceptance of the concept of compensation which can be seen in landmark cases such as the Mcdonald's coffee case and Donghue vs Stevenson
where examplary damages have been awarded. This enables the citizen to have faith and confidence to approach the system in hope of due justice.
Overall it can be observed that the lawyers and judges have successfully

Canadian Tort Law Essay
The third third of the 20th century was the Golden Era of Canadian Tort Law.
Awakening from its slumber during the first two thirds of the century, the Dark Ages of
Canadian Tort Law, Canadian tort law experienced a renaissance and rose to triumphant new heights, "arguably better than has been achieved anywhere
else in the world1."
Lewis Klar, in his article for the 125th anniversary of the Supreme Court2 opined that there is "little doubt that the Supreme Court of Canada has been
the most bold, imaginative and adventuresome high court in the common law world". At the turn of the century, Canadian tort law was rational,
humane, balanced and truly Canadian, reflecting our unique culture and values, a source of pride for all of us engaged in...show more content...
Canadian tort law, like the rest of the world, is undergoing some trials, some tribulations, and some troubles.
Without expressly articulating its hostility to tort law's growing influence, the Supreme
Court of Canada's recent decisions have shown that it has lost its creativity, its exuberance, its confidence in tort law. After a brief, brave and stout
resistance, it has chosen finally to follow the British and Australian tort courts in their retreat two decades ago. While its work in other areas of law
remains superb, particularly constitutional,
1 See Cooper–Stephenson, in the Beaulac et al, Joy of Torts (2003) at p. 5.
2 Klar, "Judicial Activism in Private Law" (2001), 80 Can. Bar Rev. 215
Page: 2 criminal and intellectual property law, the Supreme Court's tort decisions have faltered, foundered and faded. While supposedly seeking
rationality and clarity, the Court has, perhaps unwittingly, downsized and weakened tort law, rendering it as complex as tax law and constitutional law.
The clarity it sought has eluded us. And the humanity and balance of yesteryear is fading

Tort Law Reform Research Paper
Is Tort Law Reform the Solution?
Because the practice of defensive medicine is driven primarily by the threat of legal liability, researchers have proposed direct or indirect tort law
reforms as the solution. With caps on non–economic damages and "collateral source offsets", direct reforms seek to limit the cost of malpractice
litigation for providers (Kessler, 2011, p. 96). Indirect reforms seek to alleviate malpractice pressure through other means, including contingency fee
limitations, periodic payment requirements against future damages, joint and several liability reforms, and provisions for patients' compensation funds
(Kessler, 2011). The potential of such reforms to curtail defensivemedicine is based on the assumption that reduced...show more content...
Active bills in Florida, Georgia, Maine, and Tennessee during the 2016 legislative session provoked fierce debates among various stakeholders. The
two main arguments focus on the potential for costs to rise uncontrollably under the PCS, and its feasibility to replace the current malpractice system
(Forray, Fleming, & Wunder, 2014; Forray & Wunder, 2017).
Because the PCS would not function within the legal system, its substitution for the malpractice liability system may deprive patients and providers of
their right to court system access. The PCS' proposed exclusivity therefore raises constitutionality issues (Forray, Fleming, & Wunder, 2014). On the
other hand, as long as the malpractice liability system exists, injured patients will still find their way to court, thus perpetuating provider incentives to
practice

Personal Reflection Of Tort Law And Public Law
So for week one, I was not sure what some of these laws have to do with my position at OU. I still do not understand what some of these laws have
to do with my current position at OU. I do better understand how some of these laws could and can benefit me as a homeowner. I also understand
how tort law could affect the patients that I see and assist in caring for. "Tort law governs injuries or harm caused by one person to another
person". This could help the patients if they get hurt from the treatments they receive. I also understand that these different laws could affect me if I
were a manager of a company. I learned about Public law and how it affects us every day and how we interact every day. We read about Federal law
and that it is like the constitution. Federal law mandates us as well as the government. I learned about Civil law and that it determines what the law is.
I learned a lot about what exactly is state laws, which determine things like speed limit, property tax, sales tax, and city ordinances. All of these laws
affect our everyday life. We must know what our state laws are, so we do not have to face the consequences of breaking them. When you break the
law or laws you face the chance of receiving a citation or going to jail. During the first week of school I also went over the Ten Commandments.
These laws are still relevant today. In fact, our constitution was founded on these laws. God wants us to also follow the law of the land and obey their
law

Tort and Contract Law Essay
Civil Law is a branch of law that matters itself with disputes that involve private parties, or negligent acts that cause harm to others. This is in contrast
to criminal law which is invoked for the public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive in nature.
These remedies can either be under tort or contract law.
To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can only do so if there is an appreciation of the
existence of a contract between them. For this to be envisaged, then the requirements of a contract must be manifested. For a contract to be envisaged it
must be mutually accepted by both parties and the manifestation of the principle of...show more content...
He would proof this by the statement made by Bob that the vehicle had gone for only 10,000 miles while it had actually done 100,000. Also he had
indicated that the gear box was new whilst it was in fact due for replacement as was discovered by Maryam. To this end he can claim restitution. To
this end as was held in Attorney General v. Blake, he would be seeking to be compensated to the point of as if the contract had not been initiated in the
first place.
In his claim for damages, he can hold HOTMOTORS liable for Bob's misrepresentation. With reference to Lister v. Hesley Hall Ltd he can make
claims upon the rules of vicarious liability, HOTMOTORS is thus liable for the acts of its agents, in this case Bob.
Bob can defend himself under contract law and claim that the misrepresentation was innocent. He can claim that he at all times believed the car had
done 10,000 miles as was indicated by the mileage meter. He can also defend himself and claim that he was a sales person and a mechanic like
Maryam so under his inexperienced inspection he had reason to believe that the gearbox was new.
An invitation to treat cannot however amount to a contract as was upheld in the case Partridge v, Crittenden, where the mere offering for sale of
bramblefinch cocks and hens via a newspaper advertisement, was held to be an invitation to treat and constituted not an offer. To this end, Bob can
claim that the vehicles on display did

The Pros And Cons Of Tort Law
Within Tort Law it has been acclaimed by most, that UK courts are not in favour of negligent claims brought against the police force. 'There is no
doubt that a police officer owes a duty to protect the public' However, in many regards the police aren't found to be guilty to owe any such duty. The
Tort of negligence proclaims that one must be owed a duty of care to claim, otherwise negligence caused to the claimant due to the conduct of the
defendant, is held without regard. As stated in the Police Act 1964 "The chief officer of police for any police area shall be liable in respect of torts
committed by constables under his direction"
It was firstly suggested that the 'courts show willingness to invoke public policy principles of immunity where certain groups of defendants were sued
in negligence' , to which the case facts in Hill v Chief Constable of West Yorkshire Police [1988] will shine light on. Moreover, one may suggest that
the emergency services should be free to carry out their line of work without the conscious threat of liability. If one was to act in such a way as that
which threatened overriding liability, it is questionable as to whether an officer would act in a defensive state of mind, as stated by Lord Keith in Hill .
It may well be considered that the courts specifically deny claims against the emergency services, invoking public policy, as observed in Capital
and Countries Bank plc v Hampshire CC [1997] and John Munroe Ltd v London Fire and Civil Defence Authority & Others [1997] . The fire
brigade, like the police force are too exempt on the grounds of no duty is owed to an individual if an emergency call is not responded to.
Policy is essentially concerned with the notion of Duty of care and maybe considered the fourth element required for a negligence claim, primarily
used to disregard claims against the police.
The principles of duty of care are centred around the cases of Donoghue v Stevenson (1932) , Hill and Caparo Industries PLC v Dickman [1990] .
The case of Donoghue v Stevenson [1932] has been instrumental to the foundations of Tort Law, following the notion that since this case 'negligence
has rapidly developed into the cornerstone of our system for compensating

Tort Law: Case Analysis
Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries? In this
particular circumstance, the independent actions of Tex and Rex concurred with the actions of the resort they worked for to cause my injuries,
which makes both parties concurrent tortfeasors. As stated in our textbook, "under the rule of joint and several liability, each defendant can be
held responsible for the entire harm or any designated portion of the harm," and this provision of tort law stipulates that "a plaintiff may recover
from one or all of the joint tortfeasors" (Edwards, Edwards & Wells, 2011, p. 446). This provision would become important if Tex and Rex were
found to be financially indigent, and thus unable to fully pay any damages ordered, because I would then elect to recover damages from the more
financially capable resort only. Can the resort then turn around and seek reimbursement from Tex and Rex? If the resort is found only to vicariously
liable as the principal, with Tex and Rex acting as the resort's agents, but was forced to pay more than its pro rata share of damages, the resort would
retain its entitlement to contribution, or partial reimbursement, from the other defendants. The process of contribution assures that "tortfeasor A may
turn to B and C for partial reimbursement because he paid more than his pro rata share of damages" (Edwards, Edwards & Wells, 2011, p. 454), which
is especially applicable

The Purpose Of Tort Law
"The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent
the defendant's fault or negligence." It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the
best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a
very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very
cost–ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own...show
more content...
The court system does not seem to base their judgment on legal elements and legal facts but a major consideration on public policy and interest.
This can be seen in Barnett v Chelsea & Kensington Hospital , where the ratio is that the patient would have died anyway in spite of the doctor's
examination. To impose a liability on the doctor would give rise to many claims, involving many unnecessary claims. However, doctors' duty is to
examine a patient and decide on the plan of treatment, where in this case, the doctor did not even examine the patient. The reluctance of the court
to impose a liability on public bodies can also be seen in Alcock v Chief Constable of South Yorkshire Police . The court was reluctant to impose a
liability on the police force, even when the Taylor Report reported that the accident was caused by the negligence of the police force, as they let too
many supporters in. There are enough facts in these two cases to impose a liability on the doctor and the police department respectively, however, the
reluctant approach from the court towards public bodies have resulted in unsuccessful claims in these two cases. In Alcock v Chief Constable of South
Yorkshire Police , there is also the issue regarding the cost of deterring beneficial activities. As the 'Hillsborough disaster' was broadcasted live, many

The Tort Of Tort Law
Tort is defined as an act that is wrong, except for a breach of contract or trust in or an infringement of a right. It may result in an injury to an
individual or group of people, their assets and belongings, status etc for which they are legally entitled for a compensation. The term negligence is the
failure to provide reasonable care, breach on duty of care resulting in damage or injury (What is tort 2013). Therefore tort of negligence is a disruption
of duty and responsibility or a failure of a party to maintain standard of consideration required by law, resulting in harm, injury or damage suffered by
another party. Therefore the law of tort is simply used to compensate the loss or injury without punishing the defendant. (Introduction...show more
content...
Like the case of Paris v Stepney Borough Council (1951) AC 367 shows where a one sighted man got injured by a splinter of metal that went into
his sighted eye causing him to become completely blind while working as a garage hand. The employer failed to provide safety goggles to workers
involved in such activity at work. The court later on issued that the defendant was responsible for the claimant 's blindness since he was not provided
with adequate protection and safety at his work. Safety goggles are not expensive to invest in and the significance of injury to him would have been
bigger than that experienced by staffs having sight in both the eyes.
In the case of Bolton v Stone (1951) AC850, it was seen that a cricket ball hit Miss Stone outside her residential. As a result she filed a case to the
cricket club for carelessness and negligence. When taken into the account on the dimensions of the cricket field it was evident that the cricket field
had a 7 foot fence enclosed all around. The actual height of the fence was 17 feet above the cricket pitch as the pitch itself was under ten feet below
the ground. The distance between the sticker and the fence was roughly 78 yards and Miss Stone was standing under 100 yards from where the ball
was hit. A witness experienced similar experience for five or six times in the last 30 years. Moreover, two adult members of the club agreed to the fact
that the hit was extraordinary and

Tort Law of Negligence Essay
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the
requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort
differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent.
Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke
and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a
reasonable...show more content...
In 1970, Lord Reid said that Lord Atkin's dictum must to apply unless there was some support or valid justification for its elimination Home Office v
Dorset Yacht Co [1970] AC 1004.
3.2.1 Reasonable foreseeability
Foreseeability' means whether a theoretical logical person' would have foreseen damage in the circumstances. Proximity' is shorthand for Lord Atkin's
neighbour principle. It means that there must be legal proximity, for instance a legal connection between the parties from which the law will attribute a
duty of care. Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable.
3.2.2 Analogies – recognized duties of care
Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which
duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This
same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible
for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the
injured party may be

Intentional Tort Law
E. Torts
An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law – Tort |
Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party
who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be
forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law
will never tolerate ("Tort Law – Tort | Laws.Com").
– Assault and Battery
Assault is a fear of getting injured or harmed by an individual or the aggressor ("Intentional Tort – Definition, Types, Examples And Cases"). This can
be in a form of a threat that a person perceives he/she will get hurt by the offender. Battery on the other hand is an touching someone by hand or uses a
hand and causes injuries ("Intentional Tort – Definition, Types, Examples And Cases"). As a health care provider, informed consent play a very vital
role. This actually provide necessary knowledge to both the patient and their families of the actual procedure they the health care staff will provide and
they are giving their permission to be...show more content...
For the patient's own safety there are some circumstances wherein the health care practitioner must use a restraint like a lap belt when the patient is
sitting in a chair for him/her not to fall. Health care providers must ensure that the patient and theur families will be informed about it and should
secure a a signed concern before implementing it. Health care providers same as the institution will not be held liable by

Mexican Tort Law Essay
Jorge Luis Machuca Gonzalez bought a car and that was sent from Houston, Texas. One day, Jorge's wife had an accident and triggered the
passenger–side air bag. The force of the air bag's deployment killed Jorge's 3 year old son, Pablo. Because of this, Jorge brought suit against the
manufacturer, Vehicle Safety System Designer, and the air bag designer. The suit is about the car's liability, negligence, and breach of warranty. Jorge
bought the suit in texas, but the district court dismiss the suit because the case has weak connection with texas, because the car was not designed or
manufactured in Texas, even though Jorge ordered the car from there. Since the accidents happened in mexico, involved and witnessed by Mexicans,
the district court...show more content...
The first contention was dismissed because the existing case has no basis to distinguish the absence of a strict liability cause of action under
Mexican law from that of Scotland, and the case was reported in U.S. The second contention though, consist of two distinct arguments, one stating
that It gives Jorge a title that clearly earn unsatisfactory award for the loss of a child, and second statement stating that because of the damage cap,
the cost of judgement of this case will exceed the potential recovery. But, its not given the point of a cap of damages will transform a forum from
adequate to inadequate, so any recovery cap may make the lawsuit economically unviable. The piper aircraft case does not include an evaluation
whether it makes economic sense for Jorge to file this lawsuit in mexico, thus the district court's dismissal of this case on the ground of non conveniens
is

The Impact of Tort Law Essay
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal
Environment of Business, tort law provides "remedies for the invasion of various protected interests." (Cross & Miller, 2012) In this essay about
tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to
applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved. In the month of
October 2011, two of my friends were exiting Fort Carson, Colorado and waited at a red light. The light turned to a green arrow and they proceeded
into the...show more content...
The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages.
Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the
neglect. The company will undoubtedly be sued for negligence.
Chapter 12 section 5 states that "negligence occurs when someone suffers injury because of another's failure to live up to a required duty of care."
(Cross & Miller, 2012) The duty of care that the driver had was to obey the traffic laws. He neglected to obey such laws which ended in an injury to
the driver of the truck. There are four elements to negligence. These elements are duty of care, breach, causation and damages.
Duty of Care – People are able to act freely, as long as their acts do not infringe on the rights of others. When a situation such as this accident occurs
they neglect their duty of care. The driver of the dump truck had the duty of care to abide by the law and failed to do so by ignoring the red light.
Breach – The driver breached his legal requirement to duty of care by failing to adhere to a red light. This breach is measured under a reasonable person
standard in that any reasonable person in the same situation would have stopped at the red light rather than ignore it. A breach is simply a violation of
a tort or law.
Causation – Was the person's injury caused by the

The Tort Law Is A Form Of Civil Law
Tort Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the wrongdoer, but rather to pay damages to remedy
a wrong. A Tort cannot happen without harm occurring. One who has committed a Tort has broken a law against an individual. Typically, damages are
paid to the individual in order to make them "whole" and in an effort to make good on their wrongdoings.
A tort law can fall into the following categories, intentional, strict liability, or negligence.
An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false
imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that
physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and
battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation
(sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as
a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is
considered extreme.
Strict liability is an intentional tort and it is when a

Tort Law For Tort Law
The duty of care is a fundamental legal principle of tort law. Tort law is central to the Canadian legal system and it provides compensation for the
grieving person who was damaged by the wrongdoing of another person. For example, if a physical education teacher allows students to play on a
construction site for physical education the teacher is negligent. The teacher owes her students a duty to take care of them and by allowing them to
play in a construction site she breaches that duty and may be found negligent and liable for damages. Further, the school board who employees the
teacher may also be liable, vicarious liability which will be explained in question Part C #7). The precedent has been set for teachers by the Supreme
Court of Canada in the case of Thornton et al v. Board of School Trustees (Prince George,1975) when it found that the teacher owes a higher level of
care than a careful parent. Similarly, in the Myers et al v. Peel County Board of Education (1981) the court found that the teacher "owes a higher
standard of care than that of a prudent parent". Further, the Alberta Court of Queen's bench found that the teacher was negligent when the teacher did
not meet the "professional" standard of care expected of a gymnastics teacher, which according to the court was the direct cause of the student's
paralysis at the school gymnasium. Only in limited circumstances must people exercise caution if the law does not recognize any obligation to exercise
caution,

Tort And Business Law Essay
Law of Tort and Business Contracts Introduction According to law, tort occurs when a person fails to observe duty imposed on one by law, to
ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance
different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the
criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets.
Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of
law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare
Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident,
the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the
residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or
contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care.
From the given scenario, the owner is liable

Tort Law
Tort Law Report Terms of Reference This report is about the function of Tort Law and the responsibilities of an employer as an owner of work
premises and work when working on a building site as well as legal responsibilities as an employer for his employees and their actions. The
following areas have been researched: 1. General tortuous liability and contractual liability 2. Liability applicable to the owner of premises 3.
Vicarious Liability and Health and Safety 4. Strict Liability Procedure The following research methods were used: Class Notes Text book: Modern Law
of Contract, 5th Edition by Richard Stone Websites:en.wikipedia.org www.business–lawyers.org www.lawteacher.net...show more content...
Remedies for Breach of Contract In a claim for damages the first issue is remoteness of damage; how far down the sequence of cause and effect
should the consequences of breach be traced before they become so indirect that they should be ignored. Under the rule of Hadley v Baxendale
(1854) damages may only be awarded in respect of loss as follows: The loss must arise naturally accordingly to the usual course of things, from the
breach; or The loss must arise in a manner which the parties, in making the contract may reasonably have contemplated s the probable result of the
breach of it. A loss outside the natural cause of events will only be compensated if the exceptional circumstances, which the cause of loss are within
the defendants knowledge, when he made the contract. Secondly the court must decide how much money (the measure of damages) to award in
respect of breach and its relevant consequences. Monetary damages for breach of contract are intended to be compensatory, i.e. put the injured party
in the position he reasonably expected to be in when the contract was created. Liquidated damages may be included in the contract but are not always
upheld by the courts if it is excessive. Unliquidated damages are those decided after the breach occurs, either by the parties themselves or by the
courts. When establishing the financial value of the plaintiff's loss, the court is governed by a number of

The Importance Of Tort Laws In Healthcare
Health care is a tricky business that has strict guidelines that the healthcare industry must adhere. Tort laws are in places as a guide for developing
health care project management as it provides the expectation of the provider and the organizations and clearly indicates the potential consequences if
there is any wrongdoing. The chief factor in which tort laws offers a resolution is it lays a foundation for administrators to comprehend the level of
expectation for quality medical care. Although the health care industry is involved, the laws allow for clear and precise strategies that will aid the
industry in making conscious decisions when delivering care and reduce the level of preventable medical errors. There are numerous categories
associated

Tort Law Cases Essay

Recommended

Recommended

More Related Content

Recently uploaded

Recently uploaded (20)

Featured

Featured (20)

Tort Law Cases Essay