Essays on tort law

This essay " Tort Law - Definition and System Examples" discusses an analysis with reference to the establishment of a duty of care in the tort of negligence. This essay starts by defining the meaning of key concepts which are tort of negligence.... In this case, negligence is a common form of Tort Law that can be punishable if carelessness is proved and the victim will be entitled to get compensation. Failure to protect others from harm as a result of somebody's conduct is known as negligence whereby...

The paper "Tort Law of Negligence" is a good example of a law essay. In 2007, a man from Washington D.C became notorious for suing a dry cleaner for losing his favorite pair of trousers. This alone would not be regarded as an unusual case, but the man was so stressed by the loss of his treasured item of raiment that he sued for $ 54 million over an alleged violation of the dry cleaner's posted policy of 'satisfaction guaranteed'.... The paper "Tort Law of Negligence" is a good example of a law essay....

This paper 'Tort Law: Case Analysis' aims to provide guidance for understanding the nature of the case chosen for this assignment where one plaintiff named Jerry who was diagnosed with a think skull since childhood. Jerry has been made a patient of extreme head injuries and severe concussion by Tom.... The author studies the case damages within the context of Tort Law since it is the only law being practiced at SmallVille where this accident was taken place. The case that jerry can pose against the...

This essay "Negligence and Tort Law" focuses on the branch of Tort Law covering negligence involves harm that results from a failure to take due care that a prudent person in the same circumstance as the tortfeasor would have. It is part of English Common Law. ... Negligence is a fairly recent entrant in Tort Law that is still experiencing developments. While some might argue that there is no need for a legal imposition of good neighborliness and looking out for the interests and welfare of others...

The essay "Tort Law Peculiarities" focuses on the critical analysis of the major issues on the peculiarities of the British Tort Law. In the old common law, individuals are entitled to full protection in person and property. There have been no clear definitions as to the extent of this protection.... Personal privacy has been invaded with the introduction of instant photographs and newspapers. People are now afraid that what they do or speak in secret may come out into the public domain if new laws...

The author of the paper examines Tort Law which is a section of the law of England and Wales that deals with civil crimes. Unlike criminal wrongs, civil wrongs are of state interest and hence the police force has a duty to enforce the law by arresting the wrongdoers. ... Offenses and the intention of doing offense changes constantly and this have made the judiciary to respond by introducing torts to cover the different form of offenses. The main area of concern has been crimes resulting from...

This report "Foundations of Tort Law" focuses on a branch of private law, where a person suffers harm because of someone else's wrongful acts. They are civil suits brought against other people. It also examines two cases that demonstrate how tort laws can be applied in different cases. ... Torts may be classified according to the negligence of others or their lack of performing their duties, for instance, if the councils do not maintain good roads which then cause accidents. Torts usually result...

This essay "Tort Law - Newns Company" discusses Newns store in respect of its liability against its customers, the following issues to post-traumatic stress disorder have to be addressed: Whether the Newns company owes a duty of care towards Paul, Edith, Joanna, and Cindy.... Thereafter, a 4-year-old, Joanna was separated from her mother Cindy, in this department store, and she entered a washing machine, considering it a convenient place to hide and play in. A negligent sales assistant switched this...

This essay "What Constitutes Tort Law" describes a tort as civil, the other is a breach of contract or trust. Unlike a crime that is wrong with respect to the state, the tort is the person or group of persons. This is the basis for individual rights, duties, and actions applied by the courts.... Slander is a publication of a false and defamatory verbal statement tending to injure the reputation of another in the eyes of the right-thinking members of the society. Slander is not of lasting effect and...

"Tort Law Case Analysis" paper examines the case of Lucas, a Mathematics teacher at Walford High School who has taught for over 2 years in the school. He suffered verbal abuse from Tony Bale (who is a student in class 4B) and got a nervous breakdown and got a six-month medical leave.... This paper examines Walford High school's obligations as an employer and the element of tort for both parties. The first part will set out the fundamental rules relating to employers' liabilities in tort in this case....

From the paper "Tort Law in Canada" it is clear that generally speaking, litigation is public since courts have no privacy proceedings or records while mediation is held in private discussions according to the confidentiality agreement of the parties. ... Litigation involves attorneys who give evidence before a judge and a binding judgment or orders are issued depending on the facts presented to the court. In mediation, the decisions and settlement agreement are made by the parties and the mediator...

"Tort Law: Moot Speech" paper contains a speech according to the case which involved Mr. English, who was under the employment of Wilson & Clyde Co. Ltd. The appellant lost his life in the process of repairing an airway, and naturally his death was deemed as being a result of his own negligence. ... I implore your Lordship to deliberate over my submissions and carefully examine the principles I have stated. I respectfully beseech the court to make a decision in favor of the Appellant, who has obviously...

The paper deals with the discussion of the role a public plays in the consideration of corporate manslaughter. The resonance case of the Lyme Bay is considered further on with regards to the influence of public organizations and legal regulations in the field of Tort Law. ... The issues of public safety and children's health preservation are taken into account in terms of these regulations after 90s till nowadays. With respect to the role public concerns play in the modern context of outdoor businesses,...

This case study "Lyme Bay and Tort Law" deals with the discussion of the role a public plays in the consideration of corporate manslaughter. The resonance case of Lyme Bay is considered further on with regard to the influence of public organizations and legal regulations in the field of Tort Law. ... The Lyme Bay disaster is an exceptional case because it shows that Tort Law can act as an effective deterrent. With respect to the public, civil and Tort Law aspect and civil rights of the members of...

From the paper "Can Tort Law Be Moral" it is clear that generally, nobody can deny that a contributing factor that helps in determining the existence and the extent of owed duty by the defendant in any case that is atypical has always been the policy. ... The policy can extend the liability of the defendant in given cases despite being restrictive of the defendant's responsibilities most of the time. The language that most of the judges use while dealing with the issues involving duty tends to mask...

From the paper "Tort Law Problem" it is clear that PC White and PC Black are both victims of battery by Basher. In the case at the bar, Basher initially attacked PC Black and then PC White. The battery is the willful and unlawful touching of another person.... The implementation of the Protocol is aimed at facilitating the claims of the plaintiffs either by settling the claims at this stage before recourse to the courts or if resort to the court is inevitable, the proceedings at this stage will allow...

2. Railtrack was incorporated in April, 1994 pursuance of Railways Act 1993 for the purpose of taking over the provision of track access to train operations from the British Railways Board, and was later renamed Network Rail Infrastructure Ltd. The functions of the Railtrack include provision, installation, testing and maintenance of signaling systems and track circuits on the railway lines.... (Railtrack, accessed on 15.03.206) 5. British Rail received complaints from tenants who had set up musical...

This essay "Tort Law and Distributive Goals" critically evaluates the claim that the Tort Law, law that compensates individuals for harm done by the unreasonable action of the other, could not and should not be used in order to achieve distributive goals.... Tort Law cannot achieve distributive goals and this attempt would be illegitimate, undesirable, ineffective and non-feasible. Tort Law cannot meet the progressive redistribution of wealth from rich to poor. Tort Law cannot advance the status...

This essay "Tort Law and Liability Cases" shows that private law does not operate in isolation. To come to a final judgment, each lawyer must call many things to think. The public and political interests are some of the things that come into play when liability decisions are being made.... Nonetheless, this essay argues that recent case law shows that public policy considerations are being favored, which is leading to the loss of protection for individual rights. Thus, this essay will support the...

This essay "Tort Law and the Liabilities" focuses on a set of laws, rights, responsibilities, and remedies used in the justice system to address civil lawsuits in which one or more of the parties affected seek compensation for the losses or injuries suffered.... To succeed in a tort lawsuit, it is necessary that the parties understand the basic principles and implications of tort. In tort lawsuits, the plaintiff seeks to make someone else responsible for the harm or loss suffered. Tort refers to...

This paper "California Tort Law" discusses the following question: does Mr. Merton have a valid cause of action to file suit against Barnett Productions for intentional infliction of emotional distress due to the 'extreme and outrageous' conduct of the defendant under California Tort Law.... Based upon the circumstances of the case and the application of case law, it appears that Mr. Merton may indeed have a cause of action against Barnett Productions, for the trauma he suffered during the filming...

It is evidently clear from the discussion "Obligations Imposed Under Tort Law" that civil litigants do have not an automatic right of appeal to the Supreme Court of Canada. Filing requirements for partnerships are generally less onerous than for corporations. ... A contractor who builds a house then sells it to the first owner will generally not be contractually liable to the second owner of the property for defective construction. When a contract is voidable, the non-breaching party has the option...

This assignment "Contract Law and Tort Law" discusses the two statements concerning the implied terms that relate to the practice of formulating and implementing default contractual rules and the 'Breach of Duty' in sports events that is subject to the Tort Law.... Implied terms are useful for the reliability of the contractual agreement with the purpose of ensuring dealing in business, attain fairness and diminish the hardship among the involved parties. These terms are implied upon the concerned...

The author of the paper "Implied Terms in Tort Law" will discuss the case of Tai Hing Cotton Mill Ltd. V Liu Chong Hing Bank Ltd. that involves a case whereby a company (Tai Hing Cotton Mill Ltd.) appeals against the Court of Appeal's decision. ... Tai Hing Cotton Mill Ltd sought to recover some sums of money from three banks. The banks had allegedly debited the amounts wrongfully against the company's current account. The appeal was dismissed. From the appeal, one question that rises is one of the...

The paper "Tort Law and Private Nuisance" relates to nuisance and trespass to land, each of these would be discussed, the law on these would be given, an application to the facts would be made and eventually, a conclusion would be drawn based on the evaluation made.... It is important to state that private nuisance has been defined as any substantial and unreasonable interference with the land of the claimant or of any right over or in connection with the enjoyment of the land. The interference which...

The paper "General Principles of Tort Law" states that the work of people who signed up to take up certain traumatic and difficult jobs does not allow them to make claims for psychiatric harm. However, in cases where they are primary victims or secondary victims, they might be entitled to damages.... Unlike physical injury which is witnessed physically and can be identified through medical reports and other things, psychological injuries are emotional and individual-based. A person who goes through...

This is in regards to the first case study-inasmuch as Mr. Andrews would be concerned, he does not have a case. However, Mr. Andrews is responsible for Mr. Brown's demise and, ultimately, his untimely death. Mr. Andrews's conduct misled Mr. Brown. Mr. Brown's family could, in court, show the "special" sufficient psychological damage which was caused to Mr.... Brown which would have been "different from [the damage] suffered by the general public,"2 which would constitute a wrong that is identifiably...

Psychiatry-Negligence in Tort Law Name Tutor Course Date For tortuous claims of liability in a negligence case to be successful, various basic pre-requisites require immediate and keen consideration. The requirements of the contemporary tort stipulation of negligence appeared in a case that is under assessment in this explication, whether the claimants deserve rightful damages for their asserted claims of negligent psychological injury.... This study shall immensely rely on various tests and examinations,...

Negligence arises when an individual or an entity acts incompetently or below the required standard of care and as a result causes harm or injury due to lack of reasonable care (Hylton, Lin & Chu, 2013). In order to establish negligence, it is essential to first determine that... e party acting negligently had a duty of care, and that such duty was breached by the negligent party resulting in injury to the other party (Ashley, 2004). In respect to negligence in Bobby's case, it is evident that ACE...

"Tort Law and Employer's Liability" paper discusses the basis upon which an employer can be held legally responsible for the negligent actions of his/her employee. The extent to which an employer can be held legally responsible for the negligent actions falls within the law of tort.... A tort is a civil wrong that is legally recognized as the ground for a lawsuit. The wrongs may result in harm or injury which constitutes the grounds for a claim by the party that has suffered harm. Nevertheless, it...

The paper "Tort Law - MAlister v Stevenson" highlights that the case of M'Alister (or Donoghue) (Pauper) v Stevenson provides a major insight regarding the principles that are associated with breaching duty of care, leading towards imposing physical injuries or financial loss. ... The case study attempts to clearly explore the concept, and significance along with various provisional aspects associated with the principles of tort of negligence. For a better understanding of the same, the study determines...

From the paper "Tort Law Case" it is clear that Mr. Stephen can validly claim for the losses that he suffered as a result of the inadequate protection at work that was provided which has resulted in injury. Thus a claim under OLA 1957 and employers' liability can be made.... GP Dr. Jane Smith and the other doctors – the A & E doctor and the Consultant. The GP needs to be seen so as to ascertain the exact nature of the injury, the approximate time that it would take to recover and the long-term...

"Analysis of Tort Law Cases" paper analizes the case where Nell the waitress had a behavior of sleeping in the storeroom she committed the tort of nonfeasance. This is the tort of omission of a lawful act or failure to perform a legal duty without malicious intent, which causes damage. ... Tort Law, therefore, deals with situations where a person unfairly causes harm to another. The action may not be illegal, but it causes harm to another person. The law allows anyone who was harmed to claim to recover...

The issue in respect of this paper "Business, Contract, and Tort Law" requires an analysis of invitation to treat, unilateral offer, offer, acceptance, rejection, and past consideration. Each of these elements would be discussed and an evaluation in line with the facts would be made.... An offer has been defined as an expression of willingness by one party known as the offeror, to contract or be bound on stated terms, provided that such terms are accepted by the party to whom the offer is made is...

This essay "Tort Law in the English Common Law" focuses on one of the widely applied laws in the English common law. It cuts across from the social to the professional fields. It is widely used as a measure to govern the people against any form of injury or harm from those people.... The Tort Law can be considered more effective in defending the rights of the plaintiffs as compared the Saudi law. However, it has major weaknesses such as its view on the liability of omission. It advocates for individuals...

This work called "The Use of Tort Law in Healthcare" describes three categories of torts: negligence, strict liability, and intentional tort. The author outlines that Tort Law is part of civil law that covers civil crimes, like defamation, trespassing, and many other wrongdoings.... They always include state law and are based on the lawful evidence that individuals are accountable, for the penalties of their behavior of causing harm to others. In addition, Tort Law includes civil suits, which are...

The paper "Contract Law and Tort Law Problem " states that Mel is bob's wife, the sales representative who sold Andy a junk car for £ 8,000. Mel suffers a permanent memory loss after seeing her husband's bloody face when Andy punched him on the nose.... This is a case of Tort Law and contract law, which mainly revolves around the defendant, Andy. the case facts of the law provide that Andy breached both the law of torts, as well as, the law of contracts, and as such, has to bear the responsibilities...

This essay explores the duty of care with reference to Tort Law that is imposed by the law and is applicable to everyone. The plaintiffs may claim damages or compensation in the event of loss of property or injury to another person where it can be proved that the day of duty care has been neglected.... Tort Law can be described as a civil wrong not arising from a contract and one should owe due consideration to one's neighbor (Capiro Industries vs. Dickman 1990). Basically, Tort Law is a body of...

"Liability in Negligence in English Tort Law" paper argues that a negligence claim will be founded on the assumption that all persons responsible for circulating goods owe a duty of care to everyone reasonably expected to come into contact with or consume the goods in question.... The underlying principle of Tort Law is that an individual has some interests that are protected by the law. The protection can be in the form of court orders to the defendant to refrain from carrying out offensive acts...

The author of the paper titled "British Tort Law: 3 Test Cases" describes and analyzes three separate scenarios designed to test the wisdom and rationality of the English Tort Law as it applies to present-day realities and to everyday human interactions.... In England and Wales, the law of tort covers five types of offenses: the trespass of land, trespass against goods, trespass against a person, negligence and defamation. Trespass on land, and persons is altogether the most common type of tort,...

The paper "Basic Tort Law - Statutes, and Problems" states that Charles can base his counterclaims on the requirements of his career as a journalist. From this basis, Charles can claim that as a journalist, his work serves the public and therefore he needs to cover events that are of public interest.... As a branch of civil law, the law of tort came into existence at the beginning of the nineteenth century although most developments in the subject were achieved later. The law of tort is concerned...

"Basic Tort Law: Cases, Statutes, and Problems" paper examines the case of Blyth v Birmingham Waterworks Co, 1856 which states that it is 'the breach of duty caused by the omission to do something which a reasonable man, guided upon those considerations". ... As a result, the plaintiff can seek for damages for such actions of negligence. The death of Professor Robinson in itself is a legal ground for which negligence can be proved hence, damages sought for. Failure of the defendant to exercise care...

The paper "How Tort Law Can Be Described" states that the aims of tort laws are designed to compensate someone who has suffered a wrong resulting in injury or loss of property at the hands of the defendant and to deter persons from acting in such a way that would infringe another person's rights.... Tortuous behavior may entitle a 'victim' to compensation or some other remedy since the damages caused would be a result of negligent behaviour. However, in this case, failure to get compensation from...

The paper "Tort Law, the Potential Liability and Negligence" discusses that comparative negligence entails a law that defines how the responsibilities arising from the accident will be shared among the parties that were directly involved in causing the accident. ... Tort Law refers to a branch of study that deals with injuries/loss sustained by the plaintiff as a result of either intentional or unintentional negligence on the part of the defendant. Tort Law provides remedies for a civil wrong committed...

The paper "Tort Law, Occupiers Liability Act of 1984 " states that a tort is any legal or civil injury or harm that is caused or directed to a person, company, or a party. A negligent tort is involved in situations where people engage in carelessness and negligence and eventually harm people.... Occupiers Liability Act of 1984 entails covering the occupiers' liability for those who are trespassing. This meant that occupiers are under an obligation of owing a duty to the trespassers or even visitors...

The paper "Modern Tort Law and Essentials of Tort" highlights that generally speaking, one cannot be held accountable for an injury that happened due to one's demeanor under negligence in tort unless the risk of that harm was perceptible or foreseeable.... In Tort Law, foreseeability is a critical element. In the case of strict liability and intentional torts, foreseeability is considered to be more relevant. Foresee is having meaning to know beforehand or to visualize in advance. Under the legal...

The paper "The Foundations of Law, Tort Law " discusses that if both the claimant and the defendant are shown to have participated in the act of negligence then the court apportions the responsibility between the two while adjusting the claimant's damages. ... Generally, laws are crafted as systems of rules enforced through social institutions with the aim of governing human behavior. The idea of incorporating laws has existed since the start of times and was used as a way of solving disputes among...

The paper "Tort Law in the Healthcare Sector" describes that the liability, in this case, belongs to not only to City General's policy but also to the county hospital's staff's competence, or lack thereof, and the law says all of them can be held responsible.... Ace Sports 10% for having installed a basketball hoop that would cut somebody when they dunked the ball; City General Hospital 35% for their policy of turning away people without insurance; Nurse Williams 5% because she followed the unethical...

From the paper "Tort Law, Australian Conciliation and Arbitration Commission" it is clear that the logic involved in the case according to the majority judgment is the impossible comparison and duty of care according to the minority judgment of the Kirby.... The Gleeson CJ's judgment in the case of Kennedy cleaning services Pty Ltd v Petkoska was based on personal injury in the course of employment. The courts used to give judgments based on the occurrence of injury in the past. In this case section...

"Analysis of Tort Law Cases" paper analyzes the case of Charman v Orion Publishing Group Ltd, in which the appellants (the author and publisher Orion Publishing Group Ltd.) appealed against a decision dismissing their defenses of qualified privilege to a libel claim brought by Charman. ... The author was a journalist who wrote a book entitled "Bent Coppers: The Inside Story of Scotland Yard's Battle Against Police Corruption" which was published by the publisher Orion Publishing Group Ltd. The author...