Tort law

According to (Arthur & David, 2014) tort law is described as "a collection of principles describing the legal system 's civil (noncriminal) response to injuries one person inflicts on the other". This view is share by Linda et al (2012) who define a tort as "A civil wrong for which the victim receives a remedy in the form of damages". With these facts stated, I think that it can be said that tort law is the body of laws regarding civil wrongs that cause harm to another person because of something that the tortfeasor did or failed to do. This harm can be a physical injury, a financial loss or damages that would not have occurred but for the lack of due care or reasonableness of the tortfeasor. Tort laws offer remedies to the plaintiff…

Lau and Johnson (2014a) explain that “a tort is any legally recognizable injury arising from the conduct or non-conduct . . . of persons or corporations” (para.3). Regardless of intent, the tort system attempts to make the injured party whole when individuals breach this duty of reasonable care; and employers can be held accountable for their employees’ torts by way of the respondeat superior doctrine. Respondeat superior, a type of vicarious liability, arranges for the employer’s…

A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury. The first element is known as the “duty of care.” A duty of care arises when the law…

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…

What is tort Tort in law means a wrong or injury which has certain characters, from the most important of which is that it is redressable in an action for damages at instance of the person wronged or injured Torts are civil wrong resulting in personal injury or harm that constitutes grounds for a law suit.Thus, tort law addresses conflicts between conflicts between private individuals or entities According to Prof.Winfeild ,Tortuous liability arises from breach of a duty primarily fixed by law;…

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…

(1986), justice Lopes LJ said that auditors were “watchdogs not bloodhounds.” In the accounting industry, there are many kinds of accounting performers for clients, but the auditing service is the easiest one to raise liability problem to third party. Auditor expresses its independent, systematic and objective opinions about client’s financial statements according to corresponded accounting principles. According to Statement of Auditing 100, these opinions are not guarantee, which means that…

When I first heard about sports law, I assumed these rules/ concepts were an entirely new set of principles from the legal concepts. However, after reading this article I learned that I was completely wrong. Overall, there is really no such thing as “the law of sports”. There are no separate rules that exists for sports law and no laws existing that can be categorized as an independent field of law. Nonetheless, sports law incorporates areas of law and brings them together in a very unique way.…

Business Tort and Contract Law Question 1 I. Dam Good as a business entity may be legally liable for the death of the pilot and the four passengers on board under ordinary and strict liability negligence. If the elements of these heads of tortious liability can be proved on a preponderance of evidence or on a balance of probabilities, then the estates of these victims could successfully claim from Dam Goods. According to Owen, in order to successfully prove liability in negligence, plaintiff…

In the textbook Tort Law the authors write, “The common thread interweaving most torts is the notion that socially unreasonable conduct should be penalized and those who are its victims should be compensated. Of course, determining what is unreasonable is a formidable task, because reasonableness like beauty, is in the eye of the beholder. The overall goal in defining reasonableness is to balance the plaintiff’s need for protection against the defendant’s claim of freedom to pursue his own…