Negligence And The Law Of Tort Essay

1814 Words 8 Pages
When discussing Negligence, it is imperative that we first explorer the law of Tort. This is a wrongful act whether it was intentional or accidental, leading to one being injured (cited from Law.com). To demonstrate that the defendant has committed an act or omission it may be necessary to prove that both a standard duty of care and damage has resulted in negligent behaviour. A person in a professional occupation such as a chartered surveyor has a higher duty of care because their field of work requires a particular skill. Therefore they have a greater responsibility to ensure that their actions do not cause damage. This essay will examine negligence in the context of the Law of Tort, when might it arise and when it may concern a surveyor.

A Tort “occurs where there is breach of duty fixed by law” (Elliot and Quinn 2011). This allows individuals to claim any loss they have incurred based on someones actions. Tort cases “involve one individual suing another individual whom the claimant alleges has done him wrong in some way” (Barnard, O’Sullivan and Graham Virgo 2011). A legal remedy is provided to the plaintiff when the tortfeasor is found guilt of committing a tort, usually it is in the form of money to compensate for the tort. However the court may grant an injunction, this is to prevent such harm happening in the future. In the Douglas and Others v Hello! Ltd (2005) case had acknowledged that an individual has the right to protect their privacy no matter their social…

Related Documents