This website uses cookies to ensure you have the best experience. Learn more

Law Of Tort Essay

1657 words - 7 pages

This assignment will establish the elements needed for a person to be held liable in Tortious Law. Once the elements have been established they shall then be used to determine if the individuals in each scenario would be held liable.
Tort Law
Tort Law in layman’s terms is a civil wrong. It does not necessarily need to be an illegal action but an action that has consequently caused harm or suffering to another. The main outcome for a person claiming they have been a victim of a tortious act is compensation. For a successful tort claim the three main elements need to be present and their needs to be a standard of proof; a balance of probabilities.
The Necessary Elements
As ...view middle of the document...

The court had to first establish, whether the standard of care applied to a competent driver must be the same as that applied to a learner driver, before they could establish whether a duty of care was owed.
Foreseeability (Bolton v Stone [1951] AC 850) and proximity (Bourhill v Young [1943] AC 92.) are both significant to determine a duty of care.
Breach of Duty
Breach of duty identifies whether or not the tortfeasor has breached the duty by not reaching the standard of care required. This was defined in Blyth v Proprietors of the Birmingham Waterworks [1856] 11 Exch 781. Alderson held
‘the omission to do something which a reasonable man guided upon those considerations….would do’
When trying to determine whether or not the tortfeasor has breached the duty of care owed they ask not if it was foreseen by the tortfeasor but would it have been forseseen by the reasonable man? The reasonable man being identified by Greer;
“The person concerned is sometimes described as ‘the man on the street’ or ‘the man on the Clapham omnibus’, or ……the man who takes the magazines at home and in the evening pushes the lawnmover in his shirt sleeves.”
Hall v Brooklands Auto-Racing Club [1933] 1 KB 205
There are exceptions to the rule of the ‘reasonable man’. In some circumstances a different standard of care is assigned such as if the tortfeasor was to have a special skill, profession or expert field. Then the reasonable man would be someone deemed to have the same skill, profession or expertise as the tortfeasor.
A lead case in the standard of care of required of an expert is that of the Bolam Test and is defined by Mcnair J
“A doctor is not guilty of negligence if he acted in accordance with a practice accepted as proper by a responsible body of medical opinion….A doctor is not negligent if he is acting in accordance with such a practice merely because there is a body of opinion that takes a contrary view”
Bolam v Friern Hospital Management Committee [1957] 1 WLR
Although the test was adjusted in Bolitho v City & Hackney HA [1997] 4 All ER 771: HL. In reference to the Bolam test it became that when the court was faced with two conflicting opinions from experts that they could reject an opinion if it was not logically defensible.
Damage caused by Breach of Duty.Causation.
The final element needed for a successful case is that of causation. The claimant must prove that the damage, harm or suffering was caused by the breach of the duty of care held by the tortfeasor. A test used to determine this is the ‘but for’ test. As held by Lord Denning
‘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.’
Cork v Kirby MacLean Ltd [1952] 2 ALL ER 402
Meaning that ‘but for’ the tortfeasors breach of duty would the damage, harm or suffering still have occurred.
When considering causation...

Other Essays Like Law of Tort

Conflict of Law Essay

765 words - 4 pages Lex Loci Delicti 36,000 Legal Forms - USLegalForms Find any forms you need. 8 year winner of the best legal forms site from TopTenReviews. Visit Today!. Courts follow the traditional rule of lex loci delictus in determining which state’s substantive law is applicable to actions sounding in tort[i]. Lex loci delictus holds that the substantive law of the place where the tort occurs applies. It is a recognized principle of the law of the

Regulatory Risks and Tort Liability Essay

843 words - 4 pages policy and penalties including fines and indemnity. Following the government constant changing policies will be the most effective way to minimize the tort liabilities. Organizations and management face major threat from regulatory and tort liabilities risk. Organization cannot just ignore the breaking of law, it needs to prevent, immune, and make sure the mistake does not repeat in future. Organizations have been investing more resources such

Risks and Torts

1185 words - 5 pages Many organizations contend with tort liability and management in the day-to-day business. The proper management and protective measures to minimize the organizations spotlight tort liability has become a key to efficient operating a business. This paper will identify the tort liability and regulatory risk of Alumina within a business plan to manage it. The prevention, detection, and corrective measures for each liability will be described. The

Minimizing Risk

1058 words - 5 pages negligence. All torts are subject to suit and the guilty party is subject to a fine for damages resulting from the tort. In intentional tort such as assault, the victim could sue for damages to cover medical costs, loss of wages, and pain and suffering. An intentional tort to a property would include trespass. The tort of trespass could be remedied by paying for damages to the property. Negligence can be handled in many ways with tort law. Some

Business Law

1274 words - 6 pages presented within this paper. In addition, the legal principles that apply to each of the issues will be discussed. Product Liability is the type of law that holds manufacturers, distributors, suppliers, retailers, and others involved with the product reponsible “for any damage caused by that product (Products Liability Law). This paper will contain important factors about the Product Liability video. For example, Potential tort risks that were

Synopsis of Tort Cases

2278 words - 10 pages considered to be a “civil wrong.” Generally, these are not covered by law or statute. A plaintiff has the can be compensated for damages that were sustained as a result of the tort. There are several tort actions present in the case, these include: battery, defamation, wrongful termination, and negligence. There are several potential plaintiffs in this case. First there is Malik, who can claim battery at the hands of Daniel for the fall

Torts of Law

5108 words - 21 pages 1. Introduction Over the past several years the body of laws governing compensation in tort law has substantially transformed from its common law origins. 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 see a convoluted system of rules and laws

Hb4 - Tort Reform in Texas

2105 words - 9 pages HB4: The 2003 Tort Reform in Texas Tricia Guzman MGT6106.E1 – Law Applications for Managers Amberton University Professor David Campbell May 15, 2015 HB4: The 2003 Tort Reform in Texas Texas is known as a tort reform state. Tort reform is essentially any attempt to limit someone’s rights to seek redress in a court of law for a civil wrong. The goal of tort reform in Texas is to create and maintain a fair, honest, and predictable

You Be The Judge Law/531

873 words - 4 pages employment law cases, these include issues such as: intentional or negligent infliction of emotional distress; defamation – libel and slander; wrongful discharge or termination; and, negligent hiring or retention ("Workplace Tort", 2015). The plaintiff must show an actionable wrong and damages resulting from the harm. Independent contractors are employees that work on their own pace as agreed to by the employer and they are also not eligible for

Enterprise Risk Management: Product Liability

1032 words - 5 pages Enterprise Risk Management: Product Liability Enterprise Risk Management: Product Liability Introduction The purpose of this document will be to examine and identify tort risks identified in the Product Liability video. Team B will identify the potential tort risks portrayed in the video, examine a particular tort case using the 7 step process, and discuss business risk mitigation and management to prevent damages from situations

Law-The Agency Concept

408 words - 2 pages that other person approves the act, the principal-agent relationship is considered true. In some cases, it may be necessary to appoint an agent to someone if an emergency arises.By law, an agent must follow instructions given by the principal and act in the best interest of the principal. An agent is expected to perform the skills that he or she claims to possess. In addition, there should be up-to-date records of all business transactions

Related Papers

Tort Law Case Essay

2634 words - 11 pages Tort Law Case I. The fireman car accident The fireman’s car was driving at a very high speed. This excess of speed was ordered by his supervisor. The car ahead, under the pressure of the fireman’s car had become agitated and by trying to make room for the fire engine, collided with a lamp post. The driver of this car had no security belt. We have to see if the fireman is liable. To be liable, three things are needed : a

Tort Law Essay

430 words - 2 pages Company A's biggest criminal liability is their employees using corporate funds for private use. I think this is one aspect of Company A that is extremely under supervised. Employees at all levels of the organization have the authority to purchase goods and services. Approximately 35% of the people at our plant have a corporate credit card, which they use for travel and entertainment (T&E). Some employees have what is known as an LVP card

Informed Consent Essay

862 words - 4 pages .( It must be understood that to be valid Informed Consent has to be voluntary and not coerced, specific to the particular problem, legal, and understood by the patient. Tort Law is defined as “the area of law that developed in the English Common Law other than breach of contract, which imposes a duty by operation of law on all persons to avoid harm to others. The breach

Healthcare Reform Essay

5372 words - 22 pages Tort Law in Health Care Administration: Examination of Negligence LaJuanda Williams LaTonya Reed John Hill Rita Ignatius Public Health Policy, Law & Ethics, PHS 512 Professor Green-Alexander April 11, 2007 Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a