Law of Tort

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Law of tort

Concept:

1. Training event………………………………………………………….3

2. Claim for stress at work………………………………………………..5

3. Incident involving the step-ladder……………………………………..6 4. Claim for injury from braces…………………………………………..7 Evaluation of group work………………………………………………...8 Reference…………………………………………………………………9

1) What the law of tort means for your business

When we consider the law of tort and the law of contract it is evident that there is an inter-relationship between the two areas of law. Tort law and contract law are the two main areas of the English law of obligations. The area of tort covers a variety of forms of actions in which plaintiffs use civil proceedings in order to seek compensation for harm occurred to them by others. The vast majority of tort claims are based on duties which are imposed by the general law and which are owed to individuals rather than society at large. Tort duties exist independently of any contractual relationship, that is, of any agreement between the parties and of any relationship based on trust. The law of tort serves a variety of purposes and uses a number of different techniques to achieve its ends, For example, in the leading case of Donoghue v Steven which establishes that tort can be capable of providing a remedy free from constraints of contract doctrine to third parties affected by the performance of a contract.  The law of tort also protects a wide range of interests, such as personal security, for example trespass to the person, medical negligence, and liability for nervous shock, liability and statutory duties in health and safety.  The two areas of law compliment each other and at times overlap. A contract is considered to be a legally enforceable agreement giving rise to obligations for the parties who partake in the contract. For example A promises to supply a new vehicle to B by the end of the month, whilst A promises to pay, on delivery, the price of the vehicle, both parties in this situation have parted to create a legally binding agreement between themselves, although there is no legal duty to enter into an agreement, but if the parties choose to do so, it will give rise to legal obligations. Therefore, the law of contract is distinct from branches of law where duties are imposed, for example as in the law of tort there is a duty of care not to injure people by negligent actions.  It is known that contractual duties are based on an agreement whereby one person is to provide benefits for another in order to receive a benefit, whereas tort duties are imposed by operation of law and may be owed to a wide range of persons to whom the actions of the wrongdoer inflicted. In contract law, the approach to contract damages is to try to deposit the claimant in the position he would have been in if the contract had not been performed. The claimant may in some situations opt to claim for a reliance measure of damages, for example when it is impossible to prove his expectancy, but he will not be able to use this to escape a bargain which the defendant can show would have been a bad one even if the contract had been performed.                   Contract law is to a significant extent informed by values and standards routinely attributed to the law of tort. A substantial difference exists between the law contract and tort which rests on the distinction between non-feasance, failing to act in a way which would provide benefits and misfeasance, acting, but doing the task badly. The law of tort on the other hand fundamentally deals with misfeasance, by adopting the neighbour principle. On the distinction to tort the law of contract holds the doctrine of consideration in order to rectify liability for failing to act to the agreed standards. Overall, there is more freedom in contractual law where as in tortuous liability it is more of imposed nature. The claimant will receive compensation for damages and expected earnings in the case of contract liability where as the claimant can...
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