The Tort Of Tort Law - 1498 Words

Tort is defined as an act that is wrong, except for a breach of contract or trust in or an infringement of a right. It may result in an injury to an individual or group of people, their assets and belongings, status etc for which they are legally entitled for a compensation. The term negligence is the failure to provide reasonable care, breach on duty of care resulting in damage or injury (What is tort 2013). Therefore tort of negligence is a disruption of duty and responsibility or a failure of a party to maintain standard of consideration required by law, resulting in harm, injury or damage suffered by another party. Therefore the law of tort is simply used to compensate the loss or injury without punishing the defendant. (Introduction†¦show more content†¦Like the case of Paris v Stepney Borough Council (1951) AC 367 shows where a one sighted man got injured by a splinter of metal that went into his sighted eye causing him to become completely blind while working as a gar age hand. The employer failed to provide safety goggles to workers involved in such activity at work. The court later on issued that the defendant was responsible for the claimant s blindness since he was not provided with adequate protection and safety at his work. Safety goggles are not expensive to invest in and the significance of injury to him would have been bigger than that experienced by staffs having sight in both the eyes. In the case of Bolton v Stone (1951) AC850, it was seen that a cricket ball hit Miss Stone outside her residential. As a result she filed a case to the cricket club for carelessness and negligence. When taken into the account on the dimensions of the cricket field it was evident that the cricket field had a 7 foot fence enclosed all around. The actual height of the fence was 17 feet above the cricket pitch as the pitch itself was under ten feet below the ground. The distance between the sticker and the fence was roughly 78 yards and Miss Stone was standing under 100 yards from where the ball was hit. A witness experienced similar experience for five or six times in the last 30 years. Moreover, two adult members of the club agreed to the fact that the hit was extraordinary andShow MoreRelatedTort And The Law Of Tort1722 Words   |  7 PagesThe word of tort originally comes from the Latin word of tortus, that meaning twisted and tort in French meaning wrong. The law of tort is defere nt from criminal law and the law of tort derived from common law. Tort is â€Å"a wrongful act, not including a breach of contract or trust, that results in injury to another’s person, property, reputation, or the like, and for which the injured party is entitle to compensation.† Trespass to land means that someone without permission enters directly to othersRead MoreTort Law : Intentional Tort1971 Words   |  8 Pages Intentional Tort Over the past decade, the increase in participation from recreational sporting activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law (Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the stateRead MoreTort Law1213 Words   |  5 PagesTORT LAW Lakeshia S. Dalton HCC 322 Instructor Hwang-Ji Lu May 31, 2011 Laws are put into place to regulate the behavior of people to benefit society. According to Pozgar, laws are designed to prevent harm to others while protecting the rights of individuals (Pozgar 2010 Pg 175). Without laws the world would be a dangerous place to live. There are four laws that most affect the provider and receiver of care. They are tort law, criminal law, contract law , and trial procedures. Read MoreLaw of Torts1123 Words   |  5 PagesPAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester, 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition, distinction between tort, crime, contract, breach of trust. 2. Essential conditions of liability – Damnum Since injuria, Injuria sine damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability, principles of insurance in torts. 4. CapacityRead MoreLaw of Tort1518 Words   |  7 Pagesbasic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in subsequent chapters. Read MoreTort Law5221 Words   |  21 Pagesthe Field of Torts Induces Efficiency and Fairness 1. Introduction Over the past several years the body of laws governing compensation in tort law has substantially transformed from its common law origins. In the course of what many have advocated in the name of tort reform, more than half of the United States have revised, or attempted to revise, one or more aspects of tort liability and damage principles to a greater or lesser degree. Tort law is, of courseRead Morelaw of torts6854 Words   |  28 Pagesï » ¿THE LAW OF TORTS INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civil wrong. Definition: a tort is defined as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contractRead MoreTort Law1905 Words   |  8 PagesThe dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional, direct interference to claimants and is branched into three elements: assault, battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery, from Grant’s girlfriend, because of the unlawful kiss he enforcedRead MoreTort Law1094 Words   |  5 Pages1. Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restatin g the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application toRead MoreTort Law1515 Words   |  7 Pagesincur liability. In Donoghue v Stevenson, friends of Mrs. Donoghue bought her a bottle of ginger beer, which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer, she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care