Tort Law : Intentional Tort And Negligent Tort Essay

762 Words 4 Pages
This paper gives a short introduction of tort law and mainly focus on the standard of care, how the courts determining what is the ‘reasonable person’ and whether there are some exceptions to the courts. The law of tort is the law of civil liability for wrongfully injury which provides remedies to individuals harmed by the wrongful conduct of others in order to protect an individual’s private rights. There are two major categories of torts: intentional tort and negligent tort. The general principle of negligence is concerned with compensating people who have injured or damaged and thus a defendant will be negligent if he or she falling below the standard of the ordinary reasonable man in the same situation. A person will be liable for their carelessness if they owe another person’s a legal duty to take care. Furthermore, there are three main elements of tort negligence: duty of care, breach of duty and causation of damage (factual and legal causation). This paper discusses on the second part of those elements — breach of duty and it mainly focuses on how the courts considers whether there has been a breach of duty through the test of an objective standard of care.

Once a claimant found out that the defendant has a sufficient relationship between them, in other words, the defendant owed a duty of care to the claimant and proved that the defendant was failed to meet the standard of care as required. The courts will use an objective test that is ‘what the reasonable person…

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