The law of tort. Jim can sue for damages because the defendant i.e. Ruth owed a duty of care to the plaintiff and for reasonable action. She is to conduct herself in a reasonable and particular manner and by her not doing so she becomes subject to liability for injury to Negligence and Tort Law - Tort Law Essays Negligence and Tort Law In general terms, negligence is “the failure to use ordinary care” through either an act or omission Tort Essay Musu study Preview text TORT LAW: Causation Essay Q: The ‘but for test’ is a common test for causation but it does not solve most causation issues.”/5(5)
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That is, negligence occurs when: somebody does not exercise the amount of care tort law essay a reasonably careful person would use under the circumstances; or somebody does something that a reasonably careful person would not do under the circumstances. Negligence is often claimed in personal injury lawsuits. For example, a personal injury lawsuit arising out of an automobile accident case or premises liability action is frequently based on the theory that the defendant was negligent.
Please note that negligence law varies between jurisdictions, tort law essay significantly, and you should check with a local legal professional if you wish to know the specific negligence laws of your jurisdiction. In order for a defendant to be liable, the plaintiff must establish both negligence and proximate cause. Many accidents have more than one proximate cause. A defendant may be liable tort law essay where an injury has multiple proximate causes, and whether those causes occur at the same time or in combination.
Imagine a situation where a plaintiff is driving down the road, and is suddenly cut off by a person who runs through a stop sign on a side street. The plaintiff slams on her brakes, and is able to avoid striking that car. However, the plaintiff is rear-ended by another driver who was not paying attention to the events in front of his car.
The plaintiff may be able to bring an action against both drivers — the one who cut her off and the one who rear-ended her — on the basis that their negligent acts, although independent, were both proximate causes of her injuries. For example, a person driving a car has a general duty to conduct the tort law essay in a safe and responsible manner. If a driver runs through a red light, the driver violates tort law essay duty.
As it is foreseeable that running a red light can result in a car crash, and that people are likely to be injured in such a collision, tort law essay, the driver will be liable in negligence for any injuries that in fact result to others in a collision resulting from the running of the red light.
Gross Negligence Gross negligence means conduct or a failure to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result. For example, a government employee who is on the job may be immune from liability for ordinary negligence, but may remain liable for gross negligence, tort law essay. The reason for this is quite simple: It is not good public policy to allow a defendant to escape liability for reckless indifference to the safety of others, particularly in contexts where the defendant is responsible for creating unsafe conditions, or is profiting from their existence.
Consider, for example, a commercial venture engaged in a high risk recreational activity, tort law essay, such as a company that offers rock climbing tours. If a tour member is injured when safety equipment provided by the company unexpectedly fails, tort law essay, a valid release may protect the company from a lawsuit.
However, if the company knows up front that the equipment is defective and tort law essay it anyway, it would not be protected by the release. Children and Negligence Minors are typically held to a different standard of care than adults, tort law essay.
Very young minors e. Most jurisdictions also consider the fact that minors act upon childish instincts and impulses when considering injuries to minors. As a consequence, a defendant knew or should have known that a child or children were present, or were likely to be present, in the vicinity, the defendant may required to exercise greater vigilance. By way of example, a person driving by an unfenced playground where children often play baseball should be on alert that a child may impulsively chase a ball into the street, tort law essay.
Contributory Negligence. The extreme consequence of this approach has led tort law essay its being limited or abandoned in many jurisdictions. For more explanation of damages, please see this associated article. Vicarious Liability Vicarious liability occurs when one person is held responsible for the negligence of another. Typically, this applies in an employment context, tort law essay, where the employer master is responsible for the negligent acts of the employee servant which occur within the context of the employment relationship.
For example, an employer may be liable for an accident caused by an employee as the result of the negligent operation of a delivery vehicle. For more information on liability in agency relationships, please see this associated article.
Often, parents may be held vicariously liable for the negligent acts of their children. However, many jurisdictions have limited the vicarious liability of parents, and some have eliminated it. Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.
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Tort - Psychiatric Injury Part Two: Step-by-step Essay Sample
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14/5/ · Any reasonably foreseeable harm must be compensated. The concept of tort or “restitution” is to compensate the plaintiff for the injuries that were suffered for failure of the defendant to fulfill the standard of care required by law. The primary purpose of tort law is 3/11/ · Essay on Tort Law: Causation - Words. The aim of tort law is to compensate the claimant and to deter defendants' discuss whether the rules of causation and remoteness of damage fulfil this aim. StudyMode - Premium and Free Essays, Term Papers & Book Notes. Sign Up The law of tort. Jim can sue for damages because the defendant i.e. Ruth owed a duty of care to the plaintiff and for reasonable action. She is to conduct herself in a reasonable and particular manner and by her not doing so she becomes subject to liability for injury to
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