Tort Law Homework

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NEGLIGENCE

Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges particularly ideas about the civil responsibilities of a person to his or her neighbors in society and about the manner in which society should respond to injuries and injured people. An independent identity for Torts late in the nineteenth century is the affection of tort doctrines, especially negligence, to the problems produced by industrialization. Industrialization has played a part in creating the climate of intellectual legal opinion and it affected torts as an independent category of law. Some certain lawyer-intellectuals in the development of legal doctrine in America, who were academicians after 1870, significantly affected the content of tort rules and doctrines and also affected the changing state of tort law in America. There are many categories of Torts. It divided three parts which are Negligence, Intentional Torts, and Quasi-Torts (Liability Torts). The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Intentional torts include, among others, certain torts arising from the occupation or use of land. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Worker’s compensations, injuries sustained during employment are grouped into quasi-torts or liability torts. Three elements must be established in every tort action. First, the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion. Second, the plaintiff must demonstrate that the defendant breached this duty by failing to confirm his or her behavior accordingly. Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach. In this paper I am going to explain Negligence in details. It is assumed that the principles of negligence comprise the field of tort law, and that fault is the most common basis for determining liability for harmful conduct. (Peck, 1971) The principles of basing awards for accidental injuries on negligence achieved this status in the 19th century. The law has its creative skeptics too. People began to question entrenched negligence law, willing to challenge but also to defend. There is any place for negligence in modern tort law. But skepticism of the challenge reminds us of the danger of pressing the inquiry. We must ask not only whether there is a place but also what the place for negligence is in modern tort law. To put a point on negligence, we should consider what objectives it is able of serving and how its performance measures against that of alternative principles. In short we should know paradigm of the cause of action for negligence. We must know the concepts of negligence like duty of care, standard of care, causation, remoteness of damage, defenses and special duty situations. There are some elements in determining the liability for negligence. The plaintiff was owed a Duty of care, there was a Dereliction or breach of that duty, the tortfeasor directly caused the injury, the plaintiff suffered Damage as a result of that breach, and...
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