The paper "Legal Issues for Business" is a perfect example of a business assignment. In reference to common law, a tort is damages or harm inflicted on another party due to negligence, involving that a breach of civil duty. This harm is not only referred to as physical injuries but also constitutional rights, violation of property, economic and emotional harm. This civil duty doesn’ t necessarily have to do with contractual responsibility. The defendant is referred to as a tortfeasor. The plaintiff is entitled to receive monetary compensation, from the tortfeasor, once it is fully proven that there was a breach of duty.
This breach of duty is mainly reflected in negligence. The main relevance of Tort law is there is compensation when one party suffers damages of civil wrongs caused by another party’ s acts or omissions. Unlike criminal law where the Contest is between the government and the defendant, in torts law plaintiff sues the tortfeasor for compensation. The plaintiff in torts laws stands as his/her own witness and not of the government as in criminal law. The only similarity between a criminal and tort law is that in tort law there is an imposition of punitive damage.
Whereas in criminal law, under the criminal injuries compensation statutes, a victim of crime is awarded some limited compensation in this case the sole type of tort law is negligence in reference to Mac tools Ltd as a defendant against nick and Tess as plaintiffs. (Institute, 2008) The element negligence There are two modular of reference that the law of torts deals with negligence. In the 'ordinary’ reference modular, negligence refers to a careless action of the defendant as opposed to willful conduct.
The term negligence in reference to the technical modular it refers to mean the breach of duty by the defendant comprising of his or her failure to take reasonable measures to prevent reasonably foreseeable damage to another party. The biggest section of the law of torts is reliant on this idea of negligence in the two reference modules.
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