This website uses cookies to ensure you have the best experience. Learn more

Basic Principles Of The Tort Of Negligence

587 words - 3 pages

Basic principles of the Tort of Negligence

1. What are the differences between Contract and Tort?

1) Requirement for the contact: offer acceptance and consideration between the parties to form a legally binding agreement. (whereas in tort, there is no agreement between the parties) The parties are known to each other, and they are consensus parties. The compensation for breach of contract is to put the eviction in a position as if the obligations were fulfilled.
2) Tort is a wrongful act or omission for which damages can be obtained in a civil court by the person wronged. Wrongful act or omission which caused personal injury or property damage. The wrongful act or omission can be intentional or negligent. There is no agreement between the parties for an action in tort.

2. What are the 3 elements for a negligent action?

1) ...view middle of the document...

The court has to establish the standard of care that an average reasonable person or a person professing special skills should have taken in the circumstances. This test is objective, ie it dose not take into account what the defendant might have considered to be reasonable in the situation.
b. The Court then determines whether the defendant has met the standard established above.

3) The plaintiff suffered damages flowing from the breach.

The loss that the plaintiff has suffered must be caused by the defendant’s breach of duty of care. It must not be too remote.

3. Case Study
a. What is Best Shoes Ltd’ cause of action against Jack for the damaged shoes?

Best shoes- plaintiff- person who commence the legal action against the defendant.
Jack- defendant- person who defect the action.
1. Jack owed a duty of care to Best Shoes.
In this case, Jack was instructed by the manager of Excellent Transport Limited to deliver a container of shoes to Best Shoes. So Jack actually has the legal obligation to take care of the shoes when he foresees a loss occurring if he acts carelessly.
2. Jack was in breach of the duty of care. The standards of care expected of Jack is to drive within spend limit and carefully especially when it is raining.
3. Best Shoes has suffered damages arising from Jack’s breach of his duty of care. Because Jack crashed into another car. The shoes in the container were damaged.

b. Can Best Shoe commence legal action Excellent Transport, and on what basis?

Yes, they can. They can basis on the Vicarious Liability. In this case, Jack is an employee for Excellent Transport. Lister –v- Lesley Ltd (2001) 2AER 769: The employer’s vicarious liability for the wrongful act of an employee depended on the relative proximity between the nature of the employment and the nature of the wrongful act committed by the employee.

Sen Lin

Other Papers Like Basic Principles of the Tort of Negligence

Proof of Negligence Essay

1334 words - 6 pages Law and Health Care- Proof of Negligence Vickie Young Dr. L. Forbes Strayer University January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Negligence is defined as “conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the

Synopsis of Tort Cases Essay

3448 words - 14 pages weight and hits his face on the aisle steps, knocking two of his front teeth. Consequently, the stadium owners and/or home football team are subject to suit for the tort of negligence. Furthermore, Malik could face suit for assault and intentional infliction of emotional distress, as a result of pointing a gun at Daniel in front of his son, Ruben. Moreover, the lady standing at the concession stand is also subject to suit for defamation of

The Principles of Fundraising

800 words - 4 pages THE PRINCIPLES OF FUNDRAISING IN THE ORGANIZATION Fundraising is a demanding and often a lonely job with all the difficulties inherent in raising money and a steady flow of rejections; it’s easy to get down heaviest. Proper management of the fundraisers job means: keeping in touch with the work of the organization, the person should be in regular touch with the field, setting targets and monitoring progress, access to information, training

Synopsis of Tort Cases

1943 words - 8 pages against Malik for mental distress. Ruben may also seek damages for future medical expenses, pain and suffering, and mental distress against the concession worker for giving him a regular drink. The tort of negligence is evident with Ruben as the potential plaintiff, and the concession worker as the potential defendant. “To be successful in a negligence lawsuit, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the

Synopsis of Tort Cases

2374 words - 10 pages Synopsis of Tort Cases The team read and answered questions regarding the four different tort cases presented in the class syllabus. The complaints from each case vary from negligence, employee incompetence, personal injury inflicted by another party, strict liability, and premise liability. The situations in the four scenarios are different, but each scenario has a plaintiff who thinks he or she has grounds for bringing a lawsuit against a

Law of Tort

2587 words - 11 pages Introduction: In this presentation we are going to look at the impact of the case: Weir-Rodgers v SF Trust (2005) and its implications on property owners in Ireland. The case fell under the Occupiers liability act 1995, firstly we will look in depth into the implications of this act, and then we will look at how it relates to the Weir-Rodger v. SF Trust (2005) case. The foundations of occupiers liability was a result of the Law of Tort. The

The Law Of Tort Definitions And In-Depth Analysis

304 words - 2 pages Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct

Synopsis of Tort Cases Paper

1753 words - 8 pages responsible for the injury to Raul’s eye. That could result in jail time and financial payments to the plaintiff. She could also be held responsible for all his doctor bills. Scenario 4: What tort actions are seen: (Intentional torts against persons & Unintentional torts-negligence)? Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm. Battery is the unauthorized and

Tort and Conflict of Laws

3662 words - 15 pages CHAPTER 1 An Introduction 1.1 Introduction: The peculiar feature that tort occupies in private international law is that if the tortious act has been committed entirely locally, then lex loci delicti governs it, irrespective of the fact that whether it has or has not some foreign element, such as, both or one of the parties is domiciled or resident abroad or national of another country. The foreign law is applicable only in some very

Aspects of Contract and Negligence for Business

527 words - 3 pages INTRODUCTION In reality, negligence simply means carelessness to do something unintentionally to cause damages to others says, negligent driving, mistakenly manufacturing left decomposed snail in beer, insufficiently unrestrained dogs causing injuries. Normally, the tortfeasors in negligence are sought for compensations rather than imprisonment. This study focuses on figuring out the harmonies and dissimilarities of liability in tort and

Aspects Of Contract And Negligence For Business

4339 words - 18 pages : Application of the elements of a contract in business situations 7 P2.1 Apply elements of contract in business scenarios 7 P2.2 Application of the law on terms in different contracts 9 P2.3 Evaluation of effects of different terms in given contracts 12 Task 3: Understanding the principles of liability in negligence in business activities 13 P3.1 Contrast liability in tort with contractual liability 13 P3.2 Explanation of the nature of

Related Essays

Basic Principles Of Mgt Essay

2239 words - 9 pages Title Jetstar Asia Airways 1. Introduction This report will be analyzing Jetstar Asia Airways Pte Ltd. The report consists of the PESTEL model and Porter's 5 Forces model for an in-depth analysis of Jetstar Asia Airways Pte Ltd. In the report, there will recommendations on diversifications strategies for the company and a conclusion summarizing up the report. Jetstar Asia Airways Pte Ltd is based in Singapore. It is owned by Westbrook

Basic Principles Of The Gestalt Psychology

415 words - 2 pages The Gestalt psychologists maintained that when people perceive sensory elements their tendency is to see things in terms of the entire form or pattern rather than as individual parts. Identify and describe these basic principles of perceptual organization from the Gestalt perspective: figure-ground, similarity, proximity, and closure. Gestalt psychology was based on the study of perception. Gestalt is a term that means whole. Gestalt

Basic Principles Of A Sound Tax System

1225 words - 5 pages Q7. What are basic principles of a sound tax system? Give a detailed account of aforementioned basic principles. Ans. The fundamental purpose of taxation is to raise the revenue necessary to fund public services. While there are many ways to achieve this goal, a widely agreed-upon set of principles should be used to evaluate tax systems. There are five commonly cited principles of sound tax policy: equity, adequacy, simplicity, exportability

The Ethical Negligence Of Parents Essay

695 words - 3 pages a most that school age children be vaccinated, since they may be exposing many other children. REFERENCE: -Ruggiero, Vincent. Thinking Critically About Ethical Issues, 8th Edition. McGraw-Hill Learning Solutions, 01/2011. VitalBook file. -The ethical negligence of parents who refuse to vaccinate their children. (n.d.). Retrieved May 29, 2016, from