Law of Tort Case Study

Topics: Tort, Contract, Common law Pages: 3 (686 words) Published: May 31, 2013
Tort of Negligence case study

The law of contract:

a contract is a legally binding agreement, its a promise between two or more to parties with certain things,each party must fulfill there promises if one of them don't fulfill there promise then the contract is breached (VOID).

The law of tort:

A tort is a civil wrong in the sens that is committed against an individual, tort is compensated by a sum of money called “DAMAGES”.

Contract laws and tort laws share many similarities. At the most basic level. But there differences are a lot more than there similarities that is why they are filed separately.
In the contractual claim the defendant and the plaintiff must be in a contract so there can be a fault, but in tortuous liability the parties might not be familiar with each other before the omission (act). They differ in the way courts award damages. For contracts the propose of damages is to regain the parties to there former situation before the breach of the contract. In torts damages are to compensate the damaged party.

There is more freedom in the law of contract than the law of tort where as in tort nature impose it self. The law of tort covers so many matters of life,and the law of contract is similarly extensive.

Tort of negligence:

Negligence is unintentional neglect, in contrast to intentional torts or strict liability torts. Is a carelessness behavior, its an an act or omission is done without due regards to its result or outcome.

In order to succeed in action for negligence, a plaintiff must prove three elements or ingredients:

a. That the defendant owes him duty of care.
b. That the defendant is in breach of that duty.
c. That he is entitled to damages.

In practice, negligence by a business entity, selling goods can mean the failure to properly design the product, select the materials, produce, assemble, inspect, and/or test the product, and place warnings adequate to the average consumer regarding...
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