Case Study of Tort Law

Topics: Tort, Tort law, Reasonable person Pages: 18 (5740 words) Published: June 20, 2013
Task1
What kind of liability do you think Ton should bear in Scenario 1? Contrast liability in tort with contractual liability

Contrast liability in tort with contractual liability.
There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that due to the breach of duty, contractual collateral obligation of contract or violates the "contract law" provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However, there are no needs for liability, which point liability are monetary damages that are sought from the offending party. They are intended to compensation the injured party for the injured suffered.

B. Contractual liability is not necessary to prove that if there are some mistakes for one party who breaks a contract, importantly, it is just to indicate whether contract is performed. On the other hand, liability is established on basis of accidence and negligence of party who has tort behavior.

C. The standard and principle of payment is not same. Contractual liability is on the basis of the valid contract, and others are in terms of actual position to pay.

Scenario1 
There is liability in this case since Tom injured him badly, which is meant to be tort liability of negligence. In this case, Tom is an employee of the firm, and a teenager wants to steal some sugar from the lorry of enterprise, indicating that his starting point is to protect the property of enterprise, however his behavior is excessive. When a tort is committed the remedy is an action at common law for unliquidated damages (i.e. damages not established by a formula in a contract), which represent such compensation as the court may see fit to award. The principles of tort are based on rights, the related duty to respect them and compensation for infringement. Tort law protects a variety of injuries and provides remedies for them, under tort law; an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property.

Task 2
Tort is divided into two categories. One of them is negligence. Explain the nature of liability in negligence.

Negligence
The meaning of Negligence
1. There is a distinct tort of negligence which is (briefly) causing loss by a failure to take reasonable care when there is a duty to do. 2. The defendant may not wish to inflict injury but by his carelessness he allows it to happen. The wrong is unintentional but negligent and so the defendant is held to be at fault for the negligent. There are some points to be successful in a negligence lawsuit, the claimant must prove that: 1. The defendant owed him (the claimant) a duty of care to avoid causing injury to persons or property. 2. There was a breach of that duty by the defendant

3. In consequence the claimant suffered injury or damage or (in some cases) finical loss. Duty of care
• The obligation we all each other not to cause any unreasonable harm or risk of harm • The courts apply a reasonable person standard
• Defendants with a particular expertise or competence are measured against a reasonable professional standard.

The development of the doctrine of duty of care
The narrow doctrine of the neighborhood principle has been much refined in the seventy-odd years since the snail made its celebrated appearance.

At the present time, it is perhaps fair to say that whether or not a duty of care exists will be assessed on the basis of some or all of the following four tests. |Test |Meaning | |Reasonably foreseeable |Was the damage reasonably foreseeable by the defendant as | | |damage to the claimant at the time of the negligent act or | |...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Law of Tort Case Study Essay
  • Relationship between the Law of Tort and Easement Essay
  • business law case study Essay
  • Case Studies Bus Law Essay
  • Law Case Study 2 Essay
  • Essay on Business Law Case Study
  • Business Law Case Study Essay
  • Lecture 1 Torts Law Essay

Become a StudyMode Member

Sign Up - It's Free