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The Tort Law Effect on Victims Essay Online for Free

The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. It is important to discuss what roles the other parties played in the accident. Warne is an employer of an independent contractor (Hingis Ltd) who are a firm […]

Tort Law Problem Answers

ISSUE Whether James can succeed in an assault Tort claim against Mele for her actions? RULE “An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence.” [1] The elements for assault are: An intentional act The absence of consent on Defendants part in this case The inducement of an apprehension of imminent contact ( An imminent battery) Is there any reasonable apprehension for reasonable battery? APPLICATION: An Intentional Act Intent is […]

An Essay on Misrepresentation

Mispresentation Misrepresentation is a civil wrong under the branch of law of torts. This explains that a misrepresentation is a consequence on civil liability if it results in a monetary loss. For instance, let’s say that a real estate speculator possesses swampland but promotes it as appreciated commercially zoned land; this act will be known as misrepresentation. If an individual purchases the land trusting on the speculator’s declaration that it is commercially appreciated, the purchaser can sue the speculator for […]

A Review of Keating’s ‘Distributive and Corrective Justice in the Tort Law of Accidents’

Gregory C. Keating [1] is a professor of Law and Philosophy at the University of Southern California and teaches legal ethics, seminars and torts in political and legal philosophy. He is also an editor of a torts casebook and writes on torts, legal theory and professional responsibility. In his Article ‘Distributive and corrective justice in the tort law of accidents'[2], Keating explains that the theoretical foundation of tort theory is torn between two competing conceptions, the justice conception and the […]

A Tort Law

Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. Technically, Mark could bring an action for economic loss under negligence and vicarious liability which are governed by the law of tort. Since we are […]

Contract and Tort Law

2A) Fact and issues Entertainment Sdn Bhd rented the Very Lucky plaza hall for the pageant for RM500,000 and they also paid the deposit of RM100,000.The hall was old and dilapidated so Wan asked to touch up the places and it cost Very Lucky RM 50,000.However, a faulty wiring caused fire and burn down The Very Luck Hall. Entertainment is asking to refund the deposit but The Very Lucky Hall refused it and if fact they are asking to pay […]

Contrast Liability in Tort with Contractual Liability

Contrast liability in tort with contractual liability A contractual liability means that all persons involved in the contract have the contractual duties to complete all conditions in the contract, while liability in tort means that a party causes damages to another party and is liable to remedy to that party no matter it is intentional or unintentional, but the plaintiff must show evidence on how the defendant harms to him. The liability in tort, unlike contractual liability, need not to […]

Contrast Liability in Tort

Contrast liability in tort with contractual liability Tort: A tort is a legal term which describes a civil wrong that can be redressed by awarding damages. The term describes violation where one person causes damage to other person. When there is a breach of duty of care done unintentionally, it causes tort of negligence. Accidents can be an example of Negligent Torts. When there is a breach of duty of care done intentionally to harm the other person it causes […]

Defamation as a Tort in Common Law

Introduction to Defamation. Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. The tort […]

The Law of Tort in a Factual Situation

Introduction This task will evaluate the impact of the law of tort on ABS chemical plant in a given situation. Scenario You work on the Legal Team for ABS Chemical Plant, it is your role to advise the Company Directors and Management on any legal issues that arise within the company. Advice has been requested following an accident on a family day visit to ABS Chemical Plant. Before visiting, the family were assured by the ABS Manager that they “operated […]

Problem Answers on Tort Law

Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which […]

Advice Style Answer on Tort of Negligence

Tort of Negligence The word tort is derived from the French word meaning wrong. A tort in the modern law refers to an approach which is a civil wrong. The tort of Negligence protects person, assets and financial interest from damage caused by a person not taking reasonable care. Application of Law 1. In the first question, Barack has failed to take all necessary steps while selling the ladder to Alfonse son of Theo-Paul. So this makes the case for […]

A Problem Question on Tort Law

>Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting harmso as to succeed in a bid tobe compensated in a negligence case. The case of Donoghue v. Stevenson [1932] lays the foundations of the fault […]

Assessing of the Law of Tort

A tort is primarily a civil wrong which is essentially concerned with compensation for damages as a result of the defendants acts or omissions. Unlike other legal concepts, tort aims to compensate the victim rather than punish them as in criminal law. ” [1] Many people divide tort law into three rough categories: negligent torts, intentional torts, and strict liability torts. Torts arising out negligence are civil wrongs caused by negligent behaviour or a failure to practice due diligence. For example, […]

Issues in the Law of Tort

Introduction This scenario presents issues in the law of tort that arise in negligence, and there is the possibility of a defence to parts of the action, in remoteness. Firstly it must be established if a duty can be found from one party to another, as with no duty there can be no liability, which was an essential theme of Donoghue and Stevenson[1] Fred Fred would seem to the be tortfeasor in this incident. If so then had he sustained […]

A Critical Discussion Based on a Tort Law Problem Question

(b)Ajith is an experienced driver with 25 years’ experience and accident free record. Last Friday early morning he was driving in Galle Road in 90 per mile speed and at Bambalapitiya junction he lost his control ran over the pedestrian who was killed spontaneously. The Government Medical Officer found that he was not under the liquor influence at the time of the accident. 1.3In the context of the scenario 1(b) critically discuss the type of action/s available against Ajith for […]

Case Study of Potential Liability in the Law of Tort

Introduction In this paper, I will advise Druid Sons Ltd as to its potential liability in the law of tort, specifically in regard to the losses and injuries caused to David and Percy, respectively, by the discharge of excess chemical fumes from its waste treatment plant; and, more generally, in regard to potential claims from nearby residents and businesses in regard to the interference caused to their TV, broadband and mobile phone reception. While it is likely that each of […]

Limitations to the Law of Negligence

Discuss the effectiveness of the limitations that the law of negligence has imposed concerning the internalization of the costs of accidents The internalizing of the external costs associated with the consequences of negligent acts is a difficult proposition for academics, the courts, and government authorities. From the primary perspective of motor vehicle accidents, this paper examines the uneven internalisation of external accident costs obtained through the use of various negligence law tools in contrast with broader economic principles. All references […]

Introduction to Negligence

Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered […]

Court Considerations of Tortious Distributive Justice

‘It is inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort such factors are ones for the legislature alone.’ Critically evaluate this statement. In order to evaluate whether or not it is appropriate for the courts to take account of considerations of distributive justice in tort, the meaning of distributive justice in this context must be considered. According to Aristotle’s classic definition, distributive justice is a mechanism by which benefits and […]

A Brief Answer on Different Torts

Given articulation demonstrate the Tort is carelessness when Jonah drive his auto indiscreetly without comply with the tenets when he drive the auto he not bolting towards street. As indicated by the given explanation in light of Jonah von endured with physical damage that is a wrongdoing According to the given statement the contract agreed that Jonah should fix the car of Von and that he would contact a car mechanic to do the work. Tort: According to the careful […]

Summary of Pennzoil V Texaco

Case Summary Getty Oil Company had two major shareholders, Gordon Getty, Getty Museum. Gordon Getty who was also the trustee of the Sara Getty Trust owned about 40% of the outstanding shares of Getty Oil. The Getty Museum held about 12% of shares of Getty Oil. In January 1984, Pennzoil Company rendered an offer to buy 3/7ths of Getty at $110 per share. Then representatives of Pennzoil, Gordon Getty and Museum reached the Memorandum of Agreement by signing on the […]

Tort Essays