Tort law

Negligence is defined by a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff. In Amy’s case, her cosmologist, Monique Smith used a product made by the defendant, Blondey Blonde Co. to highlight Amy’s hair, which causing Amy injured on scalp. Therefore, I believe that the negligence is existed and because of several elements of negligence. In duty, which states that the obligation people owe each other not to cause any…

The cases involving the explosion of Ford Pinto's due to a defective fuel system design led to the debate of Ford’s use of their a cost-benefit analysis and its decision not to upgrade the fuel system based on this analysis. Ford failed its consumers by not applying risk management during the initial design of the Ford Pinto. Instead it calculated risk based on a strictly functional view which would result in Ford defending their decision based on their cost-benefit analysis. In comparison…

There is no precise statute that rules the law of negligence in Malaysia, therefore In West Malaysia apply the common law of England and the laws of equity as directed in England in 1956. In Sabah, and Sarawak, apply the common law of England and the rules of equity, together with statues of general application, as run or in force in England in1949, 1951 . So it is shown that, law of tort in Malaysia is largely derived from the common law of England. Common law Provided, guideline of equity and…

In general, torts are considered a form of infraction a responsibility imposed by the civil law. When an individual violates one of those responsibilities, and someone property suffers injury, it is considered a negligence can be a surgeon who misdiagnosis a patient and performs an unnecessary surgery. An example of interference with a contract can be a scam artist who set up fraudulent property rental business to get money from people to run out abandoned houses. In all, there are three types…

Medical law is a branch of law regarding the obligations and accountabilities of healthcare professionals and their patients. Medical law’s primary realm of interest involves medical malpractice (negligence), torts related to medical care, confidentiality, ethics in addition to criminal law (HG.org, n.d.). In this case, the plaintiffs alleged medical negligence in that the defendants should have consulted a specialist at least seven months prior to the decedent’s diagnosis. Therefore, the…

INTRODUCTION • Origin of the word Tort and its meaning: The word tort is derived from Latin word ‘tortum’, which means ‘to twist’. It basically refers to a conduct which is not upright or lawful. In English, the term tort is refers to a ‘wrong’. Thus, the branch of law which deals with ‘torts’, consists of wrongful act wherein the wrongdoer violates some of the legal rights vested in another person. We ought to remember that the law imposes a duty to respect the legal right vested in the…

In Civil Law, negligence is an action done carelessly by the defendant which results in the plaintiff getting harmed. The four elements of negligence are: duty, breach of duty, causation, and damages. The reasonable person standard applies to the defendant, so that the harmful situation can be fixed. The three elements of the reasonable person standard are: likelihood of the occurrence, seriousness of the harm, and the cost to eliminate the harm. The case of California v. Murray (The People of…

words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way but it is an act recklessly done by a person resulting in foreseeable damages to the other. Negligence is an offense under tort, IPC, Indian Contracts Act, Consumer Protection Act and many more. Medical Negligence basically is the misconduct by a medical practitioner or doctor by not providing enough care resulting in breach of their duties and harming the patients which…

necessary to understand what “civil wrong and criminal wrong” is, so we can have a better climate to discuss what is at stake. Civil wrong is “An action with a tort, an act against another person or their property, and, a breach of the terms of a contract”. (The law dictionary). On the other hand, a criminal wrong is the breaking of rules or laws for which some governing authority can ultimately prescribe a conviction. That being said, society would address liability for civil wrong separately…

Issue 1: Duty of Care The first issue involved in Michelle and Rebecca case is, did Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation…