Tort Law Essays

Tort Law For Tort Law
The duty of care is a fundamental legal principle of tort law. Tort law is central to the Canadian
legal system and it provides compensation for the grieving person who was damaged by the
wrongdoing of another person. For example, if a physical education teacher allows students to play
on a construction site for physical education the teacher is negligent. The teacher owes her students
a duty to take care of them and by allowing them to play in a construction site she breaches that
duty and may be found negligent and liable for damages. Further, the school board who
employees the teacher may also be liable, vicarious liability which will be explained in question
Part C #7). The precedent has been set for teachers by the Supreme Court of Canada in the case of
Thornton et al v. Board of School Trustees (Prince George,1975) when it found that the teacher
owes a higher level of care than a careful parent. Similarly, in the Myers et al v. Peel County Board
of Education (1981) the court found that the teacher "owes a higher standard of care than that of a
prudent parent". Further, the Alberta Court of Queen's bench found that the teacher was negligent
when the teacher did not meet the "professional" standard of care expected of a gymnastics teacher,
which according to the court was the direct cause of the student's paralysis at the school gymnasium.
Only in limited circumstances must people exercise caution if the law does not recognize any
obligation to exercise caution,
Get more content on HelpWriting.net

Canadian Tort Law Essay
The third third of the 20th century was the Golden Era of Canadian Tort Law.
Awakening from its slumber during the first two thirds of the century, the Dark Ages of
Canadian Tort Law, Canadian tort law experienced a renaissance and rose to triumphant new heights,
"arguably better than has been achieved anywhere else in the world1."
Lewis Klar, in his article for the 125th anniversary of the Supreme Court2 opined that there is "little
doubt that the Supreme Court of Canada has been the most bold, imaginative and adventuresome
high court in the common law world". At the turn of the century, Canadian tort law was rational,
humane, balanced and truly Canadian, reflecting our unique culture and values, a source of pride for
all of us engaged in...show more content...
Canadian tort law, like the rest of the world, is undergoing some trials, some tribulations, and some
troubles.
Without expressly articulating its hostility to tort law's growing influence, the Supreme
Court of Canada's recent decisions have shown that it has lost its creativity, its exuberance, its
confidence in tort law. After a brief, brave and stout resistance, it has chosen finally to follow the
British and Australian tort courts in their retreat two decades ago. While its work in other areas of
law remains superb, particularly constitutional,
1 See Cooper–Stephenson, in the Beaulac et al, Joy of Torts (2003) at p. 5.
2 Klar, "Judicial Activism in Private Law" (2001), 80 Can. Bar Rev. 215
Page: 2 criminal and intellectual property law, the Supreme Court's tort decisions have faltered,
foundered and faded. While supposedly seeking rationality and clarity, the Court has, perhaps
unwittingly, downsized and weakened tort law, rendering it as complex as tax law and constitutional
law. The clarity it sought has eluded us. And the humanity and balance of yesteryear is fading

The Impact of Tort Law Essay
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century.
According to the textbook, The Legal Environment of Business, tort law provides "remedies for
the invasion of various protected interests." (Cross & Miller, 2012) In this essay about tort law, I
will talk about a tort case that has personally impacted me. To do so, I will provide a background
of the event, apply facts of the case to applicable law, summarize lessons of the week as they
relate to this case and provide a plausible argument for the parties involved. In the month of
October 2011, two of my friends were exiting Fort Carson, Colorado and waited at a red light. The
light turned to a green arrow and they proceeded into the...show more content...
The mental anguish that he has had to go through and the pain and suffering that he has had to
endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These
damages are fines that the court may impose on the company or individual in an effort them for the
neglect. The company will undoubtedly be sued for negligence.
Chapter 12 section 5 states that "negligence occurs when someone suffers injury because of
another's failure to live up to a required duty of care." (Cross & Miller, 2012) The duty of care that
the driver had was to obey the traffic laws. He neglected to obey such laws which ended in an
injury to the driver of the truck. There are four elements to negligence. These elements are duty of
care, breach, causation and damages.
Duty of Care – People are able to act freely, as long as their acts do not infringe on the rights of
others. When a situation such as this accident occurs they neglect their duty of care. The driver of
the dump truck had the duty of care to abide by the law and failed to do so by ignoring the red light.
Breach – The driver breached his legal requirement to duty of care by failing to adhere to a red
light. This breach is measured under a reasonable person standard in that any reasonable person in
the same situation would have stopped at the red light rather than ignore it. A breach is simply a
violation of a tort or law.
Causation – Was the person's injury caused by the

Tort Law of Negligence Essay
Torts of negligence are breaches of duty that results to injury to another person to whom the duty
breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the
defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort
differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties
are breached by negligence and not by intent. Negligence is conduct that falls below the standard of
care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and
Corporation.E 2001). The standard measure of negligence is the universal reasonable person
standard. The assumption in this case is that a reasonable...show more content...
In 1970, Lord Reid said that Lord Atkin's dictum must to apply unless there was some support or
valid justification for its elimination Home Office v Dorset Yacht Co [1970] AC 1004.
3.2.1 Reasonable foreseeability
Foreseeability' means whether a theoretical logical person' would have foreseen damage in the
circumstances. Proximity' is shorthand for Lord Atkin's neighbour principle. It means that there
must be legal proximity, for instance a legal connection between the parties from which the law will
attribute a duty of care. Note that a duty of care may not be owed to a particular claimant, if the
claimant was unforeseeable.
3.2.2 Analogies – recognized duties of care
Establishing whether not the current case is analogous to cases in which a duty of care already
been determine. For instance the category of which duty of care has been held not to exist. The
law justifies all these through the word responsibility. Everyone has a responsibility for their
actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents,
guardians, employers and other similar persons are responsible for their wards and employees. I
think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability
to pay, the injured party may be

The Importance Of Tort Laws In Healthcare
Health care is a tricky business that has strict guidelines that the healthcare industry must adhere.
Tort laws are in places as a guide for developing health care project management as it provides the
expectation of the provider and the organizations and clearly indicates the potential consequences if
there is any wrongdoing. The chief factor in which tort laws offers a resolution is it lays a
foundation for administrators to comprehend the level of expectation for quality medical care.
Although the health care industry is involved, the laws allow for clear and precise strategies that
will aid the industry in making conscious decisions when delivering care and reduce the level of
preventable medical errors. There are numerous categories associated

Limitations Of Tort Law
Law of Torts
Why is tort law litigation not popular in India unlike in the USA?
Law is any rule commonly accepted by society and enforced by the state for smooth functioning of
society. Such law is usually classified into two types, civil and criminal. Law of torts, falls under
civil law. The term 'tort' is the French equivalent of the English word 'wrong' and the Roman law
term 'delicit'. It is derived from the latin term 'tortum' which means twisted or crooked as opposed to
the term 'rectum' which means straight.The idea is that any individual who causes harm to another
individual must have to provide compensation for the same. Tort law was a mere obscure term till
the middle of the 17th century. It eventually entered into English law by the usage of the
French–speaking English lawyers and judges, particularly from the Courts of Normandy and
Angevin Kings of England and is extremely popular in today's day and age in UK, France and
several other common law countries.
In the USA also the law is highly evolved and widely used in practise and is evidently successful.
This success is massively owed to the prevalence and acceptance of the concept of compensation
which can be seen in landmark cases such as the Mcdonald's coffee case and Donghue vs
Stevenson where examplary damages have been awarded. This enables the citizen to have faith and
confidence to approach the system in hope of due justice. Overall it can be observed that the
lawyers and judges have successfully

Tort And Business Law Essay
Law of Tort and Business Contracts Introduction According to law, tort occurs when a person
fails to observe duty imposed on one by law, to ensure there is no injury to a determinate person.
In most cases, the remedies for a tort are in the form of unliquidated damages for instance
different amounts of compensation, which are determined by the courts of law. The law seeks to
compensate the aggrieved party, unlike the criminal cases where the offenders are punished
according to law. However, certain cases in tort fall both in the civil and criminal law brackets.
Examples include assault and battery. The tort of negligence is addressed in this article, because
of its influence compared to the other torts of law. The liability attracted by negligence comes
from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare
Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips
on a pathway and breaks a leg. After the accident, the member spends time in hospital (8 weeks)
and suffers considerable pain during treatment. In this case, the home care is liable to ensure the
residents are safe when on the premises. Knowing the premise users are elderly and disabled, the
owner will be liable when it is foreseen or contemplated that the actions and omissions may lead to
the injury of the residents. The owner of the home care owed the residence a duty of care. From the
given scenario, the owner is liable

Intentional Tort Law
E. Torts
An action done to an individual that resulted to an injuries or damages, therefore the injured party
can file legal actions for it ("Tort Law – Tort | Laws.Com"). In order to recover from the injuries and
damages the complainant can actually demand a compensation in a monetary from from the party
who caused the injuries. There are two types of tort it can either be constitutional or personal.
Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided
or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which
law will never tolerate ("Tort Law – Tort | Laws.Com").
– Assault and Battery
Assault is a fear of getting injured or harmed by an individual or the aggressor ("Intentional Tort –
Definition, Types, Examples And Cases"). This can be in a form of a threat that a person perceives
he/she will get hurt by the offender. Battery on the other hand is an touching someone by hand or
uses a hand and causes injuries ("Intentional Tort – Definition, Types, Examples And Cases"). As a
health care provider, informed consent play a very vital role. This actually provide necessary
knowledge to both the patient and their families of the actual procedure they the health care staff
will provide and they are giving their permission to be...show more content...
For the patient's own safety there are some circumstances wherein the health care practitioner must
use a restraint like a lap belt when the patient is sitting in a chair for him/her not to fall. Health care
providers must ensure that the patient and theur families will be informed about it and should secure
a a signed concern before implementing it. Health care providers same as the institution will not be
held liable by

Tort Law
1. 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 restating 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 to the
analysis of liability. 4. Discuss joint and several liability.
In this paper I plan to evaluate the scenario concerning Bobby, ACE Sports, the Nurse, the Surgeon
and City General Hospital. I plan on explaining why each party should...show more content...
Anyone who shows up in a hospital emergency room will be screened to determine the severity of
his or her condition. If the condition is deemed an emergency, the hospital is obligated to stabilize
the patient. The hospital can transfer patients only when it lacks the ability to stabilize the patient
beyond a certain limit; a transfer to a charity hospital merely to avoid treating the patient is a
violation. (Centers for Medicare & Medicaid Services)
ACE Sport, Nurse William and Dr. Andrew show great negligence in their professional activities
and should be sued for the same. All parties contributed to the loss of both extremities and have
generated damages that Bobby will have to deal with for the rest of his life. ACE Sports could
argue that Bobby could be charged with contributory negligence, in that he utilize their product in
a way that it was not intended to be used. Basketball rims and courts are not designed for kids to
give each other boost in order for them to dunk a basketball. While that may a desperate grasp to
justify the wrong doing of the contributing parties it is the only defense that I can see a lawyer can
take. All could have been avoided if the nurse and hospital would have followed EMTALA and if
the Surgeon just would have paid attention to detail. All of their failures will have a child suffer for
a lifetime. Medical treatment Centers need to ensure the all staff members know their roles and
practice the appropriate standard of

Personal Reflection Of Tort Law And Public Law
So for week one, I was not sure what some of these laws have to do with my position at OU. I still
do not understand what some of these laws have to do with my current position at OU. I do better
understand how some of these laws could and can benefit me as a homeowner. I also understand
how tort law could affect the patients that I see and assist in caring for. "Tort law governs injuries
or harm caused by one person to another person". This could help the patients if they get hurt
from the treatments they receive. I also understand that these different laws could affect me if I
were a manager of a company. I learned about Public law and how it affects us every day and how
we interact every day. We read about Federal law and that it is like the constitution. Federal law
mandates us as well as the government. I learned about Civil law and that it determines what the
law is. I learned a lot about what exactly is state laws, which determine things like speed limit,
property tax, sales tax, and city ordinances. All of these laws affect our everyday life. We must
know what our state laws are, so we do not have to face the consequences of breaking them. When
you break the law or laws you face the chance of receiving a citation or going to jail. During the
first week of school I also went over the Ten Commandments. These laws are still relevant today. In
fact, our constitution was founded on these laws. God wants us to also follow the law of the land
and obey their law

Tort and Contract Law Essay
Civil Law is a branch of law that matters itself with disputes that involve private parties, or
negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the
public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive
in nature. These remedies can either be under tort or contract law.
To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can
only do so if there is an appreciation of the existence of a contract between them. For this to be
envisaged, then the requirements of a contract must be manifested. For a contract to be envisaged it
must be mutually accepted by both parties and the manifestation of the principle of...show more
content...
He would proof this by the statement made by Bob that the vehicle had gone for only 10,000
miles while it had actually done 100,000. Also he had indicated that the gear box was new whilst
it was in fact due for replacement as was discovered by Maryam. To this end he can claim
restitution. To this end as was held in Attorney General v. Blake, he would be seeking to be
compensated to the point of as if the contract had not been initiated in the first place.
In his claim for damages, he can hold HOTMOTORS liable for Bob's misrepresentation. With
reference to Lister v. Hesley Hall Ltd he can make claims upon the rules of vicarious liability,
HOTMOTORS is thus liable for the acts of its agents, in this case Bob.
Bob can defend himself under contract law and claim that the misrepresentation was innocent. He
can claim that he at all times believed the car had done 10,000 miles as was indicated by the
mileage meter. He can also defend himself and claim that he was a sales person and a mechanic like
Maryam so under his inexperienced inspection he had reason to believe that the gearbox was new.
An invitation to treat cannot however amount to a contract as was upheld in the case Partridge v,
Crittenden, where the mere offering for sale of bramblefinch cocks and hens via a newspaper
advertisement, was held to be an invitation to treat and constituted not an offer. To this end, Bob can
claim that the vehicles on display did

Tort Law
Tort Law Report Terms of Reference This report is about the function of Tort Law and the
responsibilities of an employer as an owner of work premises and work when working on a
building site as well as legal responsibilities as an employer for his employees and their actions.
The following areas have been researched: 1. General tortuous liability and contractual liability 2.
Liability applicable to the owner of premises 3. Vicarious Liability and Health and Safety 4. Strict
Liability Procedure The following research methods were used: Class Notes Text book: Modern Law
of Contract, 5th Edition by Richard Stone Websites:en.wikipedia.org www.business–lawyers.org
www.lawteacher.net...show more content...
Remedies for Breach of Contract In a claim for damages the first issue is remoteness of damage;
how far down the sequence of cause and effect should the consequences of breach be traced
before they become so indirect that they should be ignored. Under the rule of Hadley v
Baxendale (1854) damages may only be awarded in respect of loss as follows: The loss must
arise naturally accordingly to the usual course of things, from the breach; or The loss must arise in
a manner which the parties, in making the contract may reasonably have contemplated s the
probable result of the breach of it. A loss outside the natural cause of events will only be
compensated if the exceptional circumstances, which the cause of loss are within the defendants
knowledge, when he made the contract. Secondly the court must decide how much money (the
measure of damages) to award in respect of breach and its relevant consequences. Monetary
damages for breach of contract are intended to be compensatory, i.e. put the injured party in the
position he reasonably expected to be in when the contract was created. Liquidated damages may be
included in the contract but are not always upheld by the courts if it is excessive. Unliquidated
damages are those decided after the breach occurs, either by the parties themselves or by the courts.
When establishing the financial value of the plaintiff's loss, the court is governed by a number of

Intentional Tort Essay
TORTS OUTLINE
Intentional Tort
1.Definition: a tort committed by someone acting with general or specific intent.
a.Tort: a civil wrongdoing for which a remedy may be obtained
b.Intent: The state of mind accompanying an act
i.General intent: The state of mind required for the commission of certain common–law crimes not
requiring specific intent. Can take the form of recklessness (actual of awareness of a risk and
culpable of taking that risk) or negligence (blameworthy carelessness). ii. Specific intent: the intent
to accomplish the precise act with which one has been charged
c.Transferred intent doctrine: The rule that if one person intents to harm a second person but instead
harms a third, the first person's criminal or tortious intent...show more content...
Battery: an intentional and harmful or offensive touching of another's body or something connected
to their body.
a.Elements:
i.Intent or substantial certainty that touching may be deemed offensive ii. Causation: defendant's
voluntary action causes touching iii. Harmful or offensive touching
1.Reasonable person test
2.Knowledge of hypersensitivity
3.Victim does not need to be aware of offensive contact in the moment iv. Plaintiff's body
1.Body, limbs, or anything touching/attached to body (i.e. purse, cup, etc)
b.Defenses
i.Self defense
1.Available is honestly and reasonably believes the force used was necessary to prevent imminent
proportionate force to him
2.Does not have to be right, only reasonable
3.Duty to retreat ii. Defense of 3rd parties
1.Available if victim could have successfully asserted self–defense (privilege)
2.Available if the defendant made a reasonable mistake as to the need to intervene or defend the 3rd
party iii. Consent: agreement, approval, or permission as to some act or purpose, especially given
voluntarily by a competent person. Applies to assault, battery, defamation, invasion or privacy,
conversion.
1.Express: consent that is clearly and unmistakably

The Human Rights Act 1998 and Tort Law are seen to be together in "overlapping ways " as
FranГ§ois du Bois explains. In this essay we will begin by looking at the introduction of the Human
Rights Act, and the claims in negligence against public authorities. Then we will look at the different
views as to the remedies, whether Tort law and the Human Rights Act, should be used together and
developed together, or should be used separately in a claim in negligence against a public authority.
The introduction of the Human Rights Act 1998, as Oliphant and Lunney describes it "creates a
new statutory remedy against public authorities for violating of the specified Convention rights" .
Section 7 of the act requires that any individual that brings a claim against public authorities must
be a victim. A victim under the Human Rights Act "refers to the person who could bring a case
under the ECHR. Victims must be directly affected or be at risk of being directly affected by the
act in questions. Victims can include...relatives of the victim where a complaint is made about
death." . An example of this would be the case of Rabone v Pennine Care NHS Foundation Trust in
which Melanie had in the past attempted to commit suicide on several occasions. After the most
recent attempt she was admitted to the hospital where they observed and tested her. Two days after,
she was released for two days home visit despite her tests indicating her being at high risk of
attempting suicide again, which is

Mexican Tort Law Essay
Jorge Luis Machuca Gonzalez bought a car and that was sent from Houston, Texas. One day, Jorge's
wife had an accident and triggered the passenger–side air bag. The force of the air bag's deployment
killed Jorge's 3 year old son, Pablo. Because of this, Jorge brought suit against the manufacturer,
Vehicle Safety System Designer, and the air bag designer. The suit is about the car's liability,
negligence, and breach of warranty. Jorge bought the suit in texas, but the district court dismiss the
suit because the case has weak connection with texas, because the car was not designed or
manufactured in Texas, even though Jorge ordered the car from there. Since the accidents happened
in mexico, involved and witnessed by Mexicans, the district court...show more content...
The first contention was dismissed because the existing case has no basis to distinguish the
absence of a strict liability cause of action under Mexican law from that of Scotland, and the case
was reported in U.S. The second contention though, consist of two distinct arguments, one stating
that It gives Jorge a title that clearly earn unsatisfactory award for the loss of a child, and second
statement stating that because of the damage cap, the cost of judgement of this case will exceed
the potential recovery. But, its not given the point of a cap of damages will transform a forum from
adequate to inadequate, so any recovery cap may make the lawsuit economically unviable. The
piper aircraft case does not include an evaluation whether it makes economic sense for Jorge to file
this lawsuit in mexico, thus the district court's dismissal of this case on the ground of non
conveniens is

The Tort Of Tort Law
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 garage 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 and

Tort Law Cases Essay
Presented are four separate cases that have been argued and settled in a court of law. Each of these
cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either
intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as
listed, intentional, criminal, negligence, and liability as presented in the four researched cases.
State Rubbish Collectors Ass'n v. Siliznoff When a person violates another person's legal rights
deliberately it is considered an intentional tort (Mayer et al. n.d.). Intentional torts are when someone
is assaulting someone, trespassing on a person private property, false imprisonment of an individual
or individuals,...show more content...
The association was held liable for the damages that stemmed from the emotional distress of the
defendant. The plaintiff had caused the defendant to suffer such extreme fright that it compelled him
to either give up the Acme account he had been working in the service area and give to the State
Rubbish Collectors Association back payment or the defendant had to become a member with the
association and pay dues.
The courts ruled that the plaintiff had not right to use such coercive methods when competing for
business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by
the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary
damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled
that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting
opinion was made.
People v. Watson Someone commits a wrongful act and someone is the victim is considered a
crime. The charge is against the defendant and if found to be responsible for the crime the
defendant serves a sentence and pays a fine to the government and possible restitution is paid to
the victim of the crime. The case presented is an example of a person who is accused of a crime.
On November 30, 1981 in Shasta County at the Supreme

The Pros And Cons Of Tort Law
Within Tort Law it has been acclaimed by most, that UK courts are not in favour of negligent
claims brought against the police force. 'There is no doubt that a police officer owes a duty to
protect the public' However, in many regards the police aren't found to be guilty to owe any such
duty. The Tort ofnegligence proclaims that one must be owed a duty of care to claim, otherwise
negligence caused to the claimant due to the conduct of the defendant, is held without regard. As
stated in the Police Act 1964 "The chief officer of police for any police area shall be liable in respect
of torts committed by constables under his direction"
It was firstly suggested that the 'courts show willingness to invoke public policy principles of
immunity where certain groups of defendants were sued in negligence' , to which the case facts in
Hill v Chief Constable of West Yorkshire Police [1988] will shine light on. Moreover, one may
suggest that the emergency services should be free to carry out their line of work without the
conscious threat of liability. If one was to act in such a way as that which threatened overriding
liability, it is questionable as to whether an officer would act in a defensive state of mind, as stated
by Lord Keith in Hill .
It may well be considered that the courts specifically deny claims against the emergency services,
invoking public policy, as observed in Capital and Countries Bank plc v Hampshire CC [1997] and
John Munroe Ltd v London Fire and Civil Defence Authority & Others [1997] . The fire brigade,
like the police force are too exempt on the grounds of no duty is owed to an individual if an
emergency call is not responded to.
Policy is essentially concerned with the notion of Duty of care and maybe considered the fourth
element required for a negligence claim, primarily used to disregard claims against the police.
The principles of duty of care are centred around the cases of Donoghue v Stevenson (1932) , Hill
and Caparo Industries PLC v Dickman [1990] .
The case of Donoghue v Stevenson [1932] has been instrumental to the foundations of Tort Law,
following the notion that since this case 'negligence has rapidly developed into the cornerstone of
our system for compensating

Tort Law: Case Analysis
Can you elect to recover your damages from the resort only, even though Tex and Rex were
primarily responsible for your injuries? In this particular circumstance, the independent actions
of Tex and Rex concurred with the actions of the resort they worked for to cause my injuries,
which makes both parties concurrent tortfeasors. As stated in our textbook, "under the rule of
joint and several liability, each defendant can be held responsible for the entire harm or any
designated portion of the harm," and this provision of tort law stipulates that "a plaintiff may
recover from one or all of the joint tortfeasors" (Edwards, Edwards & Wells, 2011, p. 446). This
provision would become important if Tex and Rex were found to be financially indigent, and
thus unable to fully pay any damages ordered, because I would then elect to recover damages
from the more financially capable resort only. Can the resort then turn around and seek
reimbursement from Tex and Rex? If the resort is found only to vicariously liable as the principal,
with Tex and Rex acting as the resort's agents, but was forced to pay more than its pro rata share of
damages, the resort would retain its entitlement to contribution, or partial reimbursement, from the
other defendants. The process of contribution assures that "tortfeasor A may turn to B and C for
partial reimbursement because he paid more than his pro rata share of damages" (Edwards, Edwards
& Wells, 2011, p. 454), which is especially applicable

Tort Law And Effects On Society
Tort Law and Effects on Society Tort laws can be described as laws that provide a remedy to a
person that has been harmed or injured by the unreasonable acts of another. Tort law plays a role in
society that touches almost every single person. Tort law protects patients from wrongful acts by
their physician, it provides a remedy when a company pollutes the water or air, it provides a remedy
to consumers when they purchase a defective product, and it protects employees from employer
negligence. Intentional Torts Intentional torts can be defined simply as intentional civil
wrongdoings. The person committing the tort does not need to plan to bring harm to another, but he
must be aware that his acts could have a certain result. For example, a person who throws a large
rock into a large, packed crowd of people may not have wanted to hit anyone with the rock, but
should know that someone will be hit and hurt. It is also important to note that an intentional tort can
also be a crime. For example, a battery can be both a crime and a tort. Intentional torts can be divided
into two categories, torts against the person and torts against property. Torts against a person can be
battery, assault, false imprisonment, and infliction of mental distress. Torts against property can
include trespass to land, trespass to chattels, and conversion. Battery is the intentional infliction of
harmful or offensive contact. If the person committing battery only intends to scare another

Tort Law Essays

Recommended

Recommended

More Related Content

More from Custom Paper Services

More from Custom Paper Services (20)

Recently uploaded

Recently uploaded (20)

Tort Law Essays