The Law Of Tort Arise Essay

The Law Of Tort Arise Essay
In the instances, which occurred in a local pub, several claims under the law of Tort arise. Trespass
to the Person and Negligence appear in the scenario and all parties need to be advised. The incident
that occurred between Sam, Henry and Brody, where Sam 'yells angrily at henry and Brody' yelling
for them to leave or he would punch them, leaves them to be advised on Assault under Trespass to
the person. For an assault to take place the defendant must commit an act which deliberately and
intentionally causes the claimant to reasonably apprehend direct and immediate application or force
.To identify whether the Defendants words or actions are a reasonable expectation of immediate
application or force, the act or words must give the claimant good reason to fear them. Which Sam's
shouting and threat is an act that would cause the reasonable person to fear immediate application or
force. Stephens v Myers (1830) .It is reasonable to believe that Sam was going to commit an act
against Henry and Brody. It doesn't have to be proven that the claimant believed violence was going
to occur, only that in the circumstance it was a reasonable belief . For it to be considered as
reasonable, the threat must be able to be carried out there and then (immediately) which was
established in the case of Thomas v National Union of Mineworkers (1985) . Which seems clear that
it was possible for the threat of punching to have been carried out as they were in the same room.
Some delay
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Unit 1 Tort Law
PA–310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the
unreasonable actions of others. Tort claims usually involve state law and are based on the legal
premise that individuals are liable for the consequences of their conduct if it results in injury to
others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the
injured party a duty to do something or not to do something; two is that tortfeasor breached the duty,
based on the applicable standard of care that he/she is owed; three is that tortfeasor action or
inaction is the proximate cause of the injured party 's injury; four is the injured party has in fact
suffered some type of injury (physical, ... Show more content on Helpwriting.net ...
The reason why I choose this case for Intentional Infliction of Mental Distress even though the
Church of the Divine Light did not physical hurt Rob Jr. they harmed him mentally. Rob Sr. and
Bunny Sherman causes of action against Church of the Divine Light: Washington v. Farlice, 1 Cal.
App. 4th 766 (Cal. Ct. App. 1991) Appellant provided financial assistance to her deceased boyfriend
to purchase his daughter, respondent, and a car. In an effort to retrieve the car after the boyfriend 's
death, appellant falsely reported the automobile as stolen. This resulted in the respondent husband 's
arrest and detention in a police cell. Appellant was subsequently found liable for false imprisonment
of respondent husband and ordered to pay him compensatory and punitive damages. The reason why
I choose this case for financial distress is because the parent's of Rob Jr. provided financial
assistance to the Church of the Divine to support their child while he was being held at the church.
Portee v. Jaffee, 84 N.J. 88 (N.J. 1980) The plaintiff's seven year old son got caught between the
elevator and the shaft of the wall and was pinned for four hours while his plaintiff watched and
attempted to rescue until his death. Afterwards the mother experience psychological problems,
attempted suicide. It was the defendant's duties to avoid prevent mental and emotional harm by
death or

law of torts
THE LAW OF TORTS INTRODUCTION The word tort is of French origin and is equivalent of the
English word wrong, and the Roman law term delict. It is derived from the Latin word tortum,
which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used
to mean a breach of duty amounting to a civil wrong. Definition: a tort is defined as a civil wrong
for which the remedy is a common law action for unliquidated damages and which is not
exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A
tort arises due to a person's duty to others in generally which is created by one law or the other. A
person who commits a tort is known as a tortfeaser, or a wrongdoer. Where ... Show more content on
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1. Voluntary and involuntary acts: acts and omissions may be voluntary or involuntary. An
involuntary act does not give rise to liability in tort. 2. Mental elements: Plaintiff may be required to
show some fault on the part of the defendant. Fault here means failure to live up to some ideal
standard of conduct set by law. To determine fault, the following may be proved:– a) Malice: In the
popular sense, malice means ill–will or spite. In Law, it means i) intentional doing of a wrongful act
and, ii) improper motive. b) Intention: i.e. where a person does a wrongful act knowing the possible
consequences likely to arise, he is said to have intended that act, and is therefore at fault. c)
Recklessness: i.e. where a person does an act without caring what its consequences might be, he is at
fault. d) Negligence: i.e. where the circumstances are such that a person ought to have foreseen
consequences of his act and avoided it altogether, he would be at fault if he bothers not. e) Motive:
Motive is the ulterior objective or purpose of doing an act and differs from intention. 3.
Malfeasance, misfeasance and non–feasance: 'Malfeasance‟ refers to the commission of a wrongful
act which is actionable per–se and do not require proof of intention or motive. „Misfeasance‟ is
applicable to improper performance of some lawful act, for example, where there is negligence.

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 on Helpwriting.net ...
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

Tort Law
1. Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the
scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General.
(Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to
discuss the elements of negligence as they apply to each party separately, and also discuss the
application of EMTALA. 3. Define comparative negligence and discuss its application to the
analysis of liability. 4. Discuss joint and several liability.
In this paper I plan to evaluate the scenario concerning Bobby, ACE Sports, the Nurse, the Surgeon
and City General Hospital. I plan on explaining why each party should ... Show more content on
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Anyone who shows up in a hospital emergency room will be screened to determine the severity of
his or her condition. If the condition is deemed an emergency, the hospital is obligated to stabilize
the patient. The hospital can transfer patients only when it lacks the ability to stabilize the patient
beyond a certain limit; a transfer to a charity hospital merely to avoid treating the patient is a
violation. (Centers for Medicare & Medicaid Services)
ACE Sport, Nurse William and Dr. Andrew show great negligence in their professional activities
and should be sued for the same. All parties contributed to the loss of both extremities and have
generated damages that Bobby will have to deal with for the rest of his life. ACE Sports could argue
that Bobby could be charged with contributory negligence, in that he utilize their product in a way
that it was not intended to be used. Basketball rims and courts are not designed for kids to give each
other boost in order for them to dunk a basketball. While that may a desperate grasp to justify the
wrong doing of the contributing parties it is the only defense that I can see a lawyer can take. All
could have been avoided if the nurse and hospital would have followed EMTALA and if the
Surgeon just would have paid attention to detail. All of their failures will have a child suffer for a
lifetime. Medical treatment Centers need to ensure the all staff members know their roles and
practice the appropriate standard of

Tort Law
If the defendant has duty of care to the plaintiff and breaches his duty of care, as long as it can be
proved that the defendant's careless conduct causes damage, injury or loss to the plaintiff while the
damages are foreseeable, the defendant will be liable to negligence. The following shows why ABC
ltd is negligent and therefore liable to Johnny and Kenneth.
Negligence is behavior that falls below the standard of reasonable, prudent and competent people.
The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to
the damage by negligence, which is actionable, would incur liability. In Donoghue v Stevenson,
friends of Mrs. Donoghue bought her a bottle of ginger beer, which contained a composed ... Show
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As in Scott v London and St Katherine Docks, the plaintiff was passing the defendant's warehouse
and six bags of sugar fell and hurt the plaintiff. To escape from the liability, the defendant had to
prove he is not negligent. In order to escape from the liability, the same thing needed to be done by
ABC ltd.
In this case, hot water was spilled over Johnny was caused by the negligence of the waiter and it
caused Johnny got injury. Causation in fact is established by the "but for" test. As in Cork v Kirby
Maclean Ltd, the court held that if the damage would not have happened but for a particular fault,
then that fault is the cause of the damage, if it would have happened just the same, fault or no fault,
the fault is not the cause of the damage. But for the restaurant's negligence, Johnny would not have
suffered injury or damage.
ABC ltd will not be liable if the injury caused by its breach was too remote. The damage must have
been reasonable foreseeable by a reasonable person. In this case, it was indisputable that the
defendant should reasonably have foreseen the accident caused if the waiter or waitress carried hot
water in imprudent manner. Thus, with the above three elements established, ABC ltd is liable to
Johnny.

The Issue Of Tort Law
In recent years, tort has been increasingly criticized on its suitability in performing its functions
including deterrence, compensation and justice. Along with its inefficiency and the high litigating
cost, it has been discussing whether tort should be replaced or eliminating some of the areas.
Although tort is not a perfect system, I believe that there are needs of reform for certain areas such
as compensation instead of abolishing the tort law. The aim of this essay is to explore the recent
criticisms about tort law with further analysis in order to find out whether these criticisms are valid.
Certain areas of reform will also be discussed so that to see how we are possible to improve the
current tort law system. There are several ... Show more content on Helpwriting.net ...
It is very similar in terms of the moral inhibition that people normally stop any self– satisfying
behaviours which would cause harm to the others unreasonablly. People have sense of moral within
themselves therefore are not very likely to act harmfully to the others and also avoid to casue any
embarrassment. For market force, professionals or businessmen are to aim to attract new customers
so they are more likely to act safe and avoid having bad reputation that may affect their career as
they provide any dangerous products or servies. It has been suggested that due to the above
behavioural control, tort law may not be necessary and have not been doing well to act as a
deterrence and is predicted that tort claims are not very likely to rise drastically even tort law is
abolished or replaced. Apart from deterrence, compensation is another function of tort law and is
also known as the central purpose of it. However, there are increasing arguments against the present
system criticising its inefficiency in compensating the accident victims. Firstly, it will lead to
excessive compenstation. There are three systems that accident victims can claim for their
compensation and they are tort damage, public nuissance and private nuissance. Some victims may
be over–compensated if they claim the

Tort Law
Expanding Reasonableness in the Field of Torts Induces Efficiency and Fairness
1. Introduction
Over the past several years the body of laws governing compensation in tort law has substantially
transformed from its common law origins. In the course of what many have advocated in the name
of "tort reform," more than half of the United States have revised, or attempted to revise, one or
more aspects of tort liability and damage principles to a greater or lesser degree. Tort law is, of
course, constantly evolving; everyday in courts across the country, judges, attorneys and jurors are
making and reshaping the law. Despite efforts for reform, one still cannot overlook the nature of
modern torts and fail to ... Show more content on Helpwriting.net ...
Employing two different sets of recovery is cumbersome and confusing for those seeking recovery.
Also, the courts would have an easier time of understanding and applying one set of laws and
regulations than two different sets as we have today. Historically, however, the use of negligence
theory for such purposes was drastically limited by the requirement of privity.10 This requirement
stems from an 1842 English case, Winterbottom, where the driver of a mail coach was injured when
the coach broke down due to a lack of repair.11 He sued the defendant, who contracted with the post
office to keep the coach in good condition. The court held that since the defendant 's original duty or
repair arose out of a contract; that duty extended only to the other contracting party; the post office.
Since the plaintiff never contracted with the defendant, his lack of privity meant that he could not
recover, either in contract or more importantly for this discussion, tort. 12
During the seventy years following this case, the courts modified that rule to permit negligence suits
without privity where personal injury occurred from an "inherently dangerous" defective product.13
A consumer who was made sick by contaminated food, for example, could sue the manufacturer,
even though she had made her purchase from a retailer; the food was said

Response: Defamation Law Under Tort Law
Response: Defamation Law is under Tort Law and it is referred to as "false statements about a
person, communicated as fact to one or more other persons by an individual or entity (such as a
person, newspaper, magazine, or political organization), which causes damage and does harm to the
target's reputation and/or standing in the community". State legislation primarily addresses
defamation. In these cases, Constitutional law can be applied to certain defamation claims due to the
right of free speech. Slander and libel are categorized as different forms of defamation.
Tell me the difference between libel and slander?
Response: Libel is defamatory statements or pictures published in writing or print, along with
different forms of broadcast media such as television and radio. Ultimately, the publication doesn't
need to be made to more than one person to qualify as some form of libel. In order for something to
be considered libel, it must be presented as fact and not opinion. If a deceased person's reputation is
libeled by somebody, the target or victim's remaining successors can possibly take action on the
suspected crime. ... Show more content on Helpwriting.net ...
While consequences and concluded damages of slander are generally tougher to identify and prove,
if malice is involved, it can make it easier to accomplish this goal. In order for something to be
considered slanderous, a statement must be represented as fact and not opinion. Slander of title
refers to a remark involving property ownership, which defames an owner and their ability to
transfer the property, resulting in a monetary

The Legal Concept Of Tort Law
Introduction Tort law is an area of law that focuses on the civil wrongful action of an individual that
causes injury to the other party. The action causes someone else to suffer loss hence a legal liability.
The loss may be property, personal reputation or life–related requires that the affected entity be
compensated by the cause of the damage. The concept of tort law is applicable in handling civil
issues in the world of today hence a relevant area of study (Gardipee, 2013). The paper seeks to
address the legal concept of tort, the relation to the case of a famous United States of America
pharmacist Robert Courtney.it will further dwell on other lawsuit associated with the victim in the
case scenario.
The legal concept of tort Tort law is a civil law that is very different from other types of laws such as
criminal or contract law. Many cases the offense may be due to negligence or breach of duty but
cannot be summarized as a criminal offense. The party that has suffered the loss normally can
recover the loss through a lawsuit. A lawsuit is a claim that is filed by the injured party to seek
compensation from the wrongdoer over the damage incurred. There four key elements of tort law
that are crucial in handling the concept (Deakin and Johnston, 2012).The duty of care, breach of
duty, causation and resulting damage or injury. For one to commit a tort, he or she must owe a legal
duty to the victim. This may occur in the line of duty for instance health professionals as in

Canadian Tort Law
Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal
obligations when performing their occupation or supplying a product. Negligence in the design or
construction of a product that results in damage or bodily harm, or could result in damage or bodily
harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and
contractors need to be respectful of their duty of care to ensure their product is precisely produced
with no danger of negligence. In 1972, Bird Construction Company Limited entered into a contract
with Tuxedo Properties Company Limited of Winnipeg. Bird Construction was the general
contractor responsible for building a 15–storey apartment building ... Show more content on
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103). 2. ANALYSIS In Canada, when someone feels they have been wronged or injured by another,
they can seek compensation through the courts. This area of law is known as tort law which
examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or
contracts. It is an area of law that examines the obligations and duties one party has to another. In
relation to business and professionals, tort law aims to change the behavior of producers to prevent
future harm or loss (Lin, 2010, p. 9). In Winnipeg Condominium versus Bird Construction, the tort
law focused on negligence. As Justice La Forest indicated, the construction of the building resulted
in a defect which presented a potential for physical damage and a possible danger to the public.
While there was no mention of any involvement of an engineer as a defendant in the case, if the
actions of an engineer would have been in question, then that engineer could also have been named
as a defendant. However, the negligence tort was being directed primarily at the general contractor
in this case. While the Manitoba Court of Queen's Bench and the Manitoba Court of Appeal
dismissed the case because they found there was not a contractual relationship between Winnipeg
Condominium and Bird Construction and because there was no evidence of damage to property or
person, the dismissals were overturned at the Supreme Court level. The Supreme Court ruling
written by Justice

Tort And The Law Of Tort
The word of tort originally comes from the Latin word of tortus, that meaning twisted and tort in
French meaning wrong. The law of tort is deferent from criminal law and the law of tort derived
from common law. Tort is "a wrongful act, not including a breach of contract or trust, that results in
injury to another's person, property, reputation, or the like, and for which the injured party is entitle
to compensation."
Trespass to land means that someone without permission enters directly to others land and remains
on the land, even they not leaving after the owner of land ask them to leave.
In this scenario firstly, going to consider on Harry who owns the WizadWord park as he flies a huge
helium balloon above the park and the wind push the balloon time to time to passes over Draco's
land. As the balloon passing time to time the Draco land, without his permission causing problems
and the balloon it is attached to the ground by a steel cable. In Anchor Brewhouse Development V
Berkley House ( Docklands) Developments(1987), defendant were using tower crane and the crane
passing time to time over the land of plaintiff and this was held trespass to the plaintiff 'airspaces.
There is not deferent between crane and the balloon, because balloon attached to the ground as the
crane attached to the grand.
In case of Bernstein v Skyview General Ltd, the defendant took a photograph from plaintiff land,
bay flaying over the land of plaintiff but the court not liable defendant for

Law of Torts
22 PAPER–4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2
Semester, 1 Year of the 3–Year LLB course) PART A– Law of torts PART B – Consumer Protection
Law PART –A General Principles 1. General Principles – Definition, distinction between tort, crime,
contract, breach of trust. 2. Essential conditions of liability – Damnum Since injuria, Injuria sine
damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability,
principles of insurance in torts. 4. Capacity of parties to use and / or be used – State its subordinates
– executive officers, judicial officers – mirrors corporation, unicorporated bodies, trade unions, etc
foreign soveriengs, convicts bank rupts. 5. General defences – consent, ... Show more content on
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Llyod Vs Grace, Smith and Co (1912) 1 ABD 814 (Liability for projection over highway and for
independent contracts act) 10. Tarry Vs Ashtorf (1876) 1 ABD 814 (Liability for projection over
highway and for independent contractors acts) 11. Kasturilal and Ralia Ram Vs State of UP AIR
1965 SC 1039 (Governments liability for torts of its servants) 24 12. Wilsons and Clyde coas Co
Vs English (1938) AC 57 = (1973) 03 All ER 628 (Masters duty to servants) 13. Polemis and
furness with and Co (1921) 3 KB 560 (Fest Remoteness) 14. Over seas Tankshop (JK) Ltd Morts
Dock and Engineering Co (1961) AC 388 = (1961) 1 ALL ER 494 (Tests of remoteness of damage)
15. Rose Vs Ford (1937) AC 826 (1937) 3 ALL ER (359) Damages for loss of expectation of life.
16. Bird Vs Jones (1845) 7 AB 742 temporary false imprisonment (1912) KB 496 (necessity as a
justification) 17. Six carpenters case (1610) 8 Co Rep 146 on Smith leading cases Vol 1 P 127 (Tress
ab initio) 18. Cassidy Vs Daily Mirror News papers Ltd (1929) 2 KB 331 (defamation unintentional
publication) 19. Blyth Vs Birmingham Water worked Co (1856) II Ex 781 (Definition of
negligence) 20. Donoghue Vs Stevenson (1932) AC 562 (damages for breach of duty of care
negligence) 21. Davies Vs Mann (1842) 10 546 or Morrison cases on torts 688 (last opportunity
rules) 22. British Columbia Electric Railway Vs Loach (1916) 1 AC 759 (Constructive last
opportunity rules) 23. Hambrook Vs Stroke Brothers (1925) 1 KG 141 (Nervous

Law with Tort of Negligence
Problem Questions ––––––––––––––––––––––––––––––––––––––––––––––––– Question 1 Based
on the question, the issue in the question is will there be a contract of sale of goods act 1895(SA)
under s 1? Hence, the law is s 1 where a contract of goods is a contract whereby the seller transfers
or agrees to transfer the property the goods to the buyer for a money consideration based on the case
Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale
of goods act there is a contract form between me and Mandela where I have agreement, intention
and consideration to buy the armchair from Mandela, thus contract is form. Besides that, armchair is
considered goods and there is consideration of money where I ... Show more content on
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Furthermore, I purchase the armchair under trade and commerce whereby under mutual
communication, and I negotiated 30minutes orally with Mandela (salesperson) to sell me the
armchair with $1500. Moreover, Mandela conduct was misleading or deceptive where he stated he
sits on the armchair all the time where he actually doesn't sit on it and the fact that the chair was
actually fragile. Refer to Taco Bell to determine whether the conduct is misleading or deceptive that
there are certain criteria to justify whether they are mislead or deceived. First, the conduct is based
on me which is justified the targeted by the conduct of the defendant. The time I was in Tyson's
shop, Mandela forms an erroneous conclusion to me, that the armchair is safe and can be used as
furniture where it was not the fact. Hence, proves the conduct by Mandela skilled of being
misleading or deceptive. In conclusion, Mandela has breach the 3 elements in s 18 of ACL for
misleading and deceptive. –––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––– Question 3 Based on the question,
Tyson is the owner of the shop (Principle), Mandela is the store manager and also salesperson
(Agent) and I am the buyer (Third Party). In the question the issue is whether or not Mandela had
authority to sell the chair at that price under Agency scope of

Case Study of Tort Law
Task1 What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort
with contractual liability Contrast liability in tort with contractual liability. There are three
differences between liability and contractual liability: A. The difference of base. Contractual liability
means that due to the breach of duty, contractual collateral obligation of contract or violates the
"contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of
contract. However, there are no needs for liability, which point liability are monetary damages that
are sought from the offending party. They are intended to compensation the injured party for the
injured suffered. B. Contractual ... Show more content on Helpwriting.net ...
| |Fair, just and reasonable |Is it fair, just and reasonable that the law should impose a | | |duty on the
defendant on the facts of the case? | |Public policy |Is there a matter of public policy that requires
that no duty | | |of care should exist? | Restricting the duty of care In any given case, if a reasonable
man could have foreseen the consequences then a duty of care may be owed; whether it has actually
arisen or not depends on the facts. The duty may be restricted or ignored completely in the following
circumstances. Scenario2 The element that must be proven by a claimant in an action for negligence
is that there was a breach of the duty of care by the defendant. This is a matter of determining
whether the defendant's act or omission fell below the standard that could be expected of a
reasonable person in the same circumstances. The reasonable man means a person should act as a
reasonable and prudent man. The standard of

English Tort Law And The Public Sector
English Tort Law and the Importance of Duty of Care in the Public Sector (Based on the Kent v
Griffith Case from the year 2000)
Tort Law is concerned with accidental injuries and deals with the distribution of losses occurred
during those injuries. Every country has its own statutory law , thus according to these laws acts in
its own way in different situations. Public health and ambulance services are of great importance
when it comes to preventing injuries and damages. In the UK, before the 2000s, ambulances were
not obliged (by common law) to provide emergency service, but were rather considered an ordinary
health care provider. Therefore, in a lot of cases it would be difficult to put the liability on the
defendant, which automatically leads to a higher number of injuries and damages. In the case Kent v
Griffith an important outcome and rule is created, which creates the hope of decreasing damages
significantly in the future. I will argue that the duty of care in the health care system (especially
ambulances) should be treated with greater attention, as it can lessen enormous damages caused by
delayed service and unreasoned explanations. Furthermore, I will try and prove that, due to
negligence, the damages created by delayed services, thus lack of duty of care in the public sector,
are far exceeding precaution costs; Moreover, they harm the economy and social well–being as well.
Duty of care can be viewed as a ''control device'' used for determining when the defendant

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 on Helpwriting.net ...
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

Markets, Regulation And Tort Law
Markets, Regulation and Tort law
Markets, regulation and tort law are elective techniques for accomplishing security. Of these the
business sector is the most capable yet it is frequently disregarded in approach exchanges. I
demonstrate that both for the United States after some time and for the world in general higher
earnings are connected with lower coincidental demise rates and I talk about a few illustrations of
business sectors making wellbeing. Markets may fall flat if there are outsider impacts or if there are
data issues. Excellent tort law is a sensible approach to handle outsider impacts for outsiders as on
account of car crashes. In principle regulation could take care of data issues yet by and by numerous
regulations ... Show more content on Helpwriting.net ...
Additionally security is the thing that financial analysts call a typical decent a decent where interest
increments with wage. Along these lines as social orders get to be wealthier through business sector
trade and monetary opportunity security increments. The other two powers for security might
likewise prompt increments despite the fact that this is in no way, shape or form certain however the
part of business sectors is central. In examining regulation and tort law I will contrast each with the
business sector. I then talk about connections in the middle of regulation and tort law. All through
the dialog I stretch the part of questionable products that both expand and lessening wellbeing. For
instance pharmaceuticals lessen danger of infection however have reactions that are in some cases
destructive. This class of merchandise ends up being both imperative and troublesome for any of the
three wellbeing frameworks to handle. Markets will give the measure of first gathering wellbeing
that customers wish if the data environment is right. That is if customers need more secure items
enough to be willing to pay for them then organizations will discover giving wellbeing productive
and will give the level of wellbeing that purchasers want. This is the most grounded power for
security. Market 's reaction to buyer valuation of security infers a noteworthy business sector
reaction to salary. Security offices routinely utilize information from

Case Facts And Tort Law
Case facts & tort law
● Plaintiff [Esanda] was Lent cash to corporations related to an organization named excel, which
might indemnify the plaintiff if the businesses were unable to.
● Allegedly, the plaintiff entered this agreement supported certifications created by the the
defendant [PMH], UN agency were the auditors of excel.
● Excel was unable to supply the indemnities, and also the plaintiff sued the defendant pure
economic losses as a result from negligent words.
The types of occupation that are enclosed at intervals the broad class of 'the finance business' cover
a large range of duties. several of those occupations need the giving of advice, maybe to individual
clients concerned regarding their personal finances or to business clients wanting to optimise the
monetary outcomes for their business. the kind of recommendation might relate, for example, to
investment methods, superannuation, products and services. If this recommendation seems to be
incorrect and therefore the person or business to whom it had been given loses money as a result,
they will look for compensation from the advice giver. The legal proceeding most likely to be used
is that of the tort of negligence, for what 's better–known diversely as 'negligent misstatement' or
'negligent misrepresentation'.
This article examines however associate consultant within the finance industry could also be liable
within the tort of negligence for information or recommendation given within the course of his or

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 on Helpwriting.net ...
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

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 on Helpwriting.net ...
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

Tort Law
TORT LAW
Lakeshia S. Dalton
HCC 322
Instructor Hwang–Ji Lu
May 31, 2011
Laws are put into place to regulate the behavior of people to benefit society. According to
Pozgar, laws are designed to prevent harm to others while protecting the rights of individuals
(Pozgar 2010 Pg 175). Without laws the world would be a dangerous place to live. There are four
laws that most affect the provider and receiver of care. They are tort law, criminal law, contract law ,
and trial procedures. The most important one to me that would impact the health care field the most
would be tort law. This is the law that is a civil wrong. It does not consist of a breech of contract, but
is committed against a person or property and is left ... Show more content on Helpwriting.net ...
There are decisions that are based on the values of others concerned in the health care of loved ones.
For instance if a patient is living on life support devices it may be up to the family to decide to take
he or she off of the life support system. It is the doctors obligation to adhere by their wishes, but also
to be sure that there is nothing else possible to do in order to save the person's life. " Many
professional groups such as physicians and attorneys hold themselves accountable through a set of
ethical guidelines, but public health professionals have no code of ethics.
Perhaps the explanation is that no single public health profession exists, but rather a variety of
different disciplines. Indeed, some public health disciplines have their own ethical codes–e.g.,
epidemiologists and public health educators. Nevertheless, a code of ethics, or at least a well–
articulated values statement, could increase the status of the field and help clarify the distinctive
ethical dilemmas faced by public health professionals. Public health professionals work in a field of
considerable moral ambiguity where guidance could be instructive." (
www.publichealthlaw.net/Reader/ch1/ch1.htm) "A public health code of ethics would have to
confront the salient issue of fiduciary responsibility. To whom do public health professionals owe a
duty of loyalty and how can

The Tort Law Against Three Plaintiffs
Answer: 1 The provided fact is mainly concerned intentional tort but, in a case, also there are also
some possible element of negligence. The answer will be based on Peter's (P) probable liability
under tort law against three plaintiffs; a man (A), Matildca(M) and Sara (S). The answer will also try
to discuss P's possible defences. According to the fact it appears that P may have committed assault
against A when P took a wild swing at A. P by his obvious act made a reasonable apprehension to A
that an immediate harm may happen with P's intended action. To prove this tort, the plaintiff need to
prove that P had an intentionally made this apprehension. According to the fact, P had intention to
hit the A because A took a step toward P and A, ... Show more content on Helpwriting.net ...
However, according to the principle of transfer intent, intention may be possible to prove because
the principle states that the defendant will still be liable for his intentional tort even he did not have
any purpose or aim to do this. As M is injured by breaking nose and jaw, hence it is beyond doubt
that there is a harm. Considering the analysis. There is a high possibility to prove liability to M
under the tort of battery. However, P may be also liable under the tort of negligence because P had a
duty not to harm M which was breached and that breach of duty caused the M's injury. That injury
would not have happened if P did not breach his duty. The injury of M may be reasonably
foreseeable because if someone took a wild swing to attack an individual, then the injury or harm is
easily predictable. By taking account all the facts, P may be liable for both intentional tort and
negligence. The third plaintiff is S where P may be liable for Intentional Infliction of Emotional
Distress (IED) and, may be, for negligent as well. To establish liability under IED, S has to prove
that she suffered damages because extreme distress which caused by the action of P. according to the
fact, when S saw the bleeding of M, she lose her consciousness. The element of intention may not be
found because P did not do anything directly to the S but recklessness may be found because it is

The Tort Law Imposes Liability
The essay question concerned with the tort law imposes liability in respect of the negligence.
Particularly, Marshall who is a trainee solicitor working at Maclarens &Co, specialising in personal
injury claims. He give to each of the clients on the following clients have come to seek
representation as they are all being sued for negligence for various incidents in which people were
injured. It has been shown that they all owed the injured parties a duty of care, however, they all
claim that they did not breach their duty of care to the injured parties and how evidence of
negligence is presented. In the first case, Roberts v Ramsbottom [1980] , the defendant drove his car
after he had unknowingly suffered a cerebral haemorrhage and was unfit to drive. He battled with a
stationary van and with a parked vehicle. The court held that he had continued to drive after he had
suffered a seizure which affected his reactions and was negligent in doing so. Therefore, a person
might escape liability if his action at the relevant time were wholly beyond defendant's control. As
well as, Attorney–General's Reference (NO. 2 of 1992) referring in Roberts v Ramsbottom , the
court held that before the defence of automatism could be left to the jury a proper evidential
foundation for the defence had to be laid. It is the defence of automatism required a destruction of
voluntary control by the defendant. "driving without awareness" retained some control in being able
to steer the vehicle and

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,

Negligence Of Negligence Falls Under Tort Law
.0 Introduction Negligence is the failure to exercise due care or diligence that a reasonable or
prudent man would exercise in similar circumstances. The law of negligence falls under tort law
where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort
is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is
awarded in damages. Tort law rests upon two principles that state that an act or omission by the
defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007).
Secondly, the interference caused by the defendant gives rise to a cause of action for damages that
are as near as possible to the plaintiff's loss. Therefore, negligence can be defined as doing
something that a reasonable man would not have done in similar circumstances or failure to do what
a reasonable man would have done which amounts to infliction of harm.
2.0 Background The main idea of the law of negligence is to ensure that people exercise reasonable
care when they act by measuring the potential harm that may foreseeably cause harm to other
people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of
property of personal injury. Therefore, a person cannot be liable for something unless they have
been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke,
2005). There is more to

Law of Tort
Chapter 2 Negligence: basic principles
Contents
Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions
14
Introduction
Negligence is the most important modern tort: its study should occupy about half the course. It is
important because of the great volume of reported cases and because it is founded on a principle of
wide and general application. This chapter explains the basic structure of the tort and describes the
organisation of the material in subsequent chapters.
Learning outcomes By the end of this chapter and the relevant readings, you should be able to:
understand that the tort of negligence is structured on the concepts of duty of care, breach of duty
and resulting non–remote ... Show more content on Helpwriting.net ...
Chapter 6 deals with the liability of two particular categories of defendants: that of occupiers
towards those on their premises, and that of employers towards their employees.
2.3
Policy questions
The law of negligence has undergone enormous change and development in the past 50 years.
Mostly this has involved an expansion of liability, but quite often the courts have retreated and cut
back on the extent of liability. This in turn leads to inconsistency and uncertainty. The reasons for
this are complex, but they have in part to do with conflicting policy objectives. The
14
University of London External Programme
Chapter 2 Negligence: basic principles
importance of understanding these policy objectives and the way that they are contributing to the
development of the law was explained in Chapter 1. Here are some of the most important
philosophical and policy issues that you should keep in mind and refer to as you prepare the material

in the next four chapters. The underlying idea in a negligence action is very simple. If the claimant's
injuries result from behaviour that falls short of socially acceptable standards, then there should be
compensation. If they do not, then the victim should bear the loss without compensation. Since
carelessness is not generally criminal, the tort of negligence is the means by which the law attaches
consequences to unacceptable behaviour. Lord Diplock once

Tort Law And Effects On Society
Tort Law and Effects on Society Tort laws can be described as laws that provide a remedy to a
person that has been harmed or injured by the unreasonable acts of another. Tort law plays a role in
society that touches almost every single person. Tort law protects patients from wrongful acts by
their physician, it provides a remedy when a company pollutes the water or air, it provides a remedy
to consumers when they purchase a defective product, and it protects employees from employer
negligence. Intentional Torts Intentional torts can be defined simply as intentional civil
wrongdoings. The person committing the tort does not need to plan to bring harm to another, but he
must be aware that his acts could have a certain result. For example, a person who throws a large
rock into a large, packed crowd of people may not have wanted to hit anyone with the rock, but
should know that someone will be hit and hurt. It is also important to note that an intentional tort can
also be a crime. For example, a battery can be both a crime and a tort. Intentional torts can be
divided into two categories, torts against the person and torts against property. Torts against a person
can be battery, assault, false imprisonment, and infliction of mental distress. Torts against property
can include trespass to land, trespass to chattels, and conversion. Battery is the intentional infliction
of harmful or offensive contact. If the person committing battery only intends to scare another

Tort Law Essay
3.1 Described nature of general tortious liability comparing and contrasting to contractual liability
A tort is referred to as a civil or private wrong that may not necessarily be a breach of contract for
which a remedy for damages would be given by a lawsuit. For instance, if an individual neglects the
statutory responsibility to self and others, it will be said that a tort was committed. The relevance of
tort law is driven by legal views of courts, common trends in the society and legal scholarship.
Tortuous liability is similar to contractual liability in different ways. For example:
The two forms of liabilities have the same structure and
They both have civil duties that need fulfillment of the same structural factors
They both ... Show more content on Helpwriting.net ...
It is the liability of an individual/entity for the offence of another.
For example if an employee commits an offence out of negligence and a third party gets injured, for
example a client, such a client will be able to file a suit against the employer even though the
offence was committed by the employee.
In this instance, the liability of the employer is as a result of their voluntary assumption or
supposition of the link with the tortuous behavior of their employees as well as the responsibilities
that result from that connection. The way they decide to delegate the responsibilities to the
employees. In addition, the tort liability that an employer takes for the employee has got nothing to
do with whether the employer is a part of the misconduct or not. Furthermore, misconduct is
assumed to have been carried out by an employee while at work for any of the following reasons: if
the misconduct was authorized by the employer or if the act was authorized but, the method of
performance was not authorized. Either way, the employer will be held liable. For example, in the
case of Lister vs. Hesley Hall, it was established by Lord Steyn that the important test in an
employee, employer relationship is if the misconduct of the employee was closely linked to the
employment then, it will be just to hold the

Tort Law : Intentional Tort
Intentional Tort Over the past decade, the increase in participation from recreational sporting
activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking
part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The
courts have had to acclimate themselves and look at sporting injuries through the lens of tort law
(Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the
state supreme court upheld the original ruling that participants who knowingly cause injury to
another contestant outside of the normal rules of conduct while participating in a sporting activity,
are liable or negligent, changed the course how courts would rule in tort cases (Harvard Law
Review, 2008). Hence, tort law is now a leading point of discussion in athletic and physical
education departments in our local school districts (Taniguchi, 2003). Included in the discussion is
intentional tort, when a player injuries another participant purposely (Wolohan, 2013). For
intentional tort to be ruled on, three essentials must be present: 1.an injury must have occurred, 2.
the cause of injury is due to a negligent act, 3. the act that caused the injury must be intentional
(Wolohan, 2013). Thus, the merging of recreational activities, extreme sports, and physical
education programs, intentional tort law will be looked at in the school setting.
Tort and Legal Responsibility When tort ensues

Tort Laws Should Be Legal
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others.
Tort claims usually involve state law and are based on the legal premise that individuals are liable
for the consequences of their conduct if it results in injury to others (McCarthy & Cambron–
McCabe, 1992). One of the major, most well–known tort categories is negligence, which is usually a
situation when someone accidentally does wrong, which in turns causes injury to another person. In
a negligent tort claim the plaintiff must prove four elements to have a successful claim. The first
element is duty, a plaintiff must prove that a duty of care was owed by the the defendant (Lau &
Johnson, 2011). The second element is that the defendant breached that duty. The third element is
causation. The plaintiff must also prove an actual connection between the defendant's conduct and
the resulting harm. A casual causation, in which case the defendants actions directly caused the
injury, or a proximate causation is one in which the defendant 's actions were the proximate cause of
the plaintiff 's injury. Deciding if there is proximate cause can be more difficult to determine, as it
must be concluded that the injury was foreseeable. If the injury was not foreseeable than proximate
cause does not exist. Lastly, the fourth element of a negligent tort claim is damages or recognizable
injuries. The injury must be actual, real and not imaginary but can be physical, emotional, monetary
or

Tort Law Can Be Defined As An Area Of Law
Tort law can be defined as 'an area of law that deals with the wrongful actions of an individual or
entity, which cause injury to another individual's or entity's person, property, or reputation, and
which entitle the injured party to compensation' (Tort Law). In other words, a tort case occurs when
a person has broken civil law by inflicting injury, whether physical, emotional, or that of one's
reputation, onto another person. When a crime such as this has been committed, tort law allows for
the injured party, or plaintiff, to seek out compensation for the wrongs that have been committed
against them (Tort Law). There are six types of Tort cases that could occur. These are Negligence,
Intentional Infliction of Emotional Distress, ... Show more content on Helpwriting.net ...
Sexton). Later, the jewelry that was moved ended up getting stolen (B. Sexton). The defendant in
this case was charged with Trespass to goods (B. Sexton). Trespass to Land tort cases occur when
there has been unjustifiable interference with another's land (B. Sexton). This type of trespass can be
committed negligently or accidently (B. Sexton). The final type of tort case is Products Liability.
This occurs when injury or harm has been caused by a defective product (Products Liability). In this
type of tort case, there are three types of product defects that cause liability issues. These are design
defects, manufacturing defects, and marketing defects (Products Liability). A design defect is when
the overall design of the product causes the harm or injury to the plaintiff (Products Liability). A
manufacturing defect occurs during the construction or production of the product (Products
Liability). In this case, only a few of the products are flawed (Products Liability). Finally, a defect in
marketing occurs when harm is caused to the plaintiff because the product was not labeled with any
warnings about possible dangers with use of the product (Products Liability). Even though there are
six types of tort cases, torts can also be broken down into three main, general categories of torts. The
three categories are Intentional Torts, Negligence Torts, and Strict Liability Torts (Tort Law). An
intentional tort can be defined as 'an act committed with the

The Tort Law Imposes Liability
The essay question concerned with the tort law imposes liability in respect of the negligence.
Particularly, Marshall who is a trainee solicitor working at Maclarens &Co, specialising in personal
injury claims. He give to each of the clients on the following clients have come to seek
representation as they are all being sued for negligence for various incidents in which people were
injured. It has been shown that they all owed the injured parties a duty of care, however, they all
claim that they did not breach their duty of care to the injured parties and how evidence of
negligence is presented.
In the first case, Roberts v Ramsbottom [1980] , the defendant drove his car after he had
unknowingly suffered a cerebral haemorrhage and was unfit to drive. He battled with a stationary
van and with a parked vehicle. The court held that he had continued to drive after he had suffered a
seizure which affected his reactions and was negligent in doing so. Therefore, a person might escape
liability if his actions at the relevant time were wholly beyond defendant's control. As well as it is
automatism . The automatism test important from criminal law later disapproved by the Court of
Appeal.
Anyway, attorney–general's reference (NO. 2 of 1992) referring in Roberts v Ramsbottom , the court
held that before the defence of automatism could be left to the jury a proper evidential foundation
for the defence had to be laid. It is the defence of automatism required a destruction of

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

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 on Helpwriting.net ...
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

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 on Helpwriting.net ...
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

Basic Law (Tort)
Building law and contract admin Assignment no 2 Tort Volenti non fit injuria Latin / voluntary
assumption of risk. A defence in tort that means where a person engages in an event accepting and
aware of the risks inherent in that event, then they can not later complain of, or seek compensation
for an injury suffered during the event. This is used most often to defend against tort actions as a
result of a sports injury Smith v Charles baker & son 1891 Dulieu v White and son 1901 Herd v
Weardale Steel and Coal 1914 Doctrine From the Latin word doctrina meaning "teachings."
Something taught as a the principle or creed especially in religion. A rule or principle of law ...
Show more content on Helpwriting.net ...
Damages occasioned by the collision of two trains of a same railway. Devine v Colville's ltd 1969
Royal bank of Scotland v Etridge 2001 Donohue v Stevenson 1931 Question 2 i. Which parties may
be liable for the injury and losses suffered Introduction To deal with the liabilities of this case I feel
it would be poignant to break the case down and investigate each individual parties involvement and
therefore liability. List of parties possibly involved West Kent collage Buildright Ltd Kentcrete Ltd
Driver 1 ( using the designated entrance) Driver 2 (using the staff and student entrance) Driver 3
(driver of the car) Student 1 (the driver of the car) Student 2 (student that was hit by the car) Student
3 (who was sick due to the accident) Air ambulance service Hospital West Kent collage West Kent
collage had appointed a competent contractor to legally carry out the construction of the new
building and would not seam to be directly involved in the accident, Although they do have a
reasonability of care to there students. The students involved were in areas that were designated for
there use, and therefore not acting illegally or with negligence. The fact that student 1 was in the
driver seat in the car would imply that the car was, just stationary, and not parked illegally. Due to
the collage being " to far away" or "not directly involved" the collage in my opinion would not be
liable in any way

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 on Helpwriting.net
...
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

Tort Law Reform And The Law Of Negligence
Introduction
A Tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists
where the law exists'' The question is, Where there is no debate or argument that a duty of care is
owed to customers, public, employees where possibility of a risk may occur, that the scope of
liability in the tort of negligence or breach of duty.
In 2002, a Review of the Law of Negligence in Australia conducted by panel and chaired by the
Honourable David Ipp (known as the IPP Report) and the Recommendation 28 of the Standard of
Care and Breach of Duty and Remedies/ Damages. As Stuart and Clark summarise, there has been
major hurdles across the country and codifying common law in the NT would be fruitless. "Tort
Law Reform. While the tort law reform process has been identified above as a driver in the move to
class actions, the system of reform undertaken at both federal and state levels has had a number of
important outcomes, namely reform to the law of negligence. Amendments to limitation periods, and
the capping, or extinguishing, of certain heads of damage.'
Definition of 'Duty of Care', and Standard of Care:
A Duty of Care – 'An Obligation imposed on a person to take reasonable care to ensure that they do
not cause another person to suffer harm. Duty is frequently determined by reference to established
categories, for example, doctors to patients: ; 109 ALR 62. When in doubt, there is no settled
methodology for establishing duty of care

The Law Of Tort Arise Essay

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