Business Essay

3153 words - 13 pages

According to Webster, the word's origin is Middle English, injury, from Anglo-French, from Medieval Latin tortum, from Latin, neuter of tortus twisted, from past participle of torquēre First Known Use: 1586

The word "torture" shares the same linguistic origin, though its present meaning diverged in a very different direction.

[edit] Categories

Torts may be categorized in several ways: one such way is to divide them into Negligence, Intentional Torts, and Quasi-Torts.

The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to relief, in each case designed to protect legal rights, including those of personal safety, ...view middle of the document...

In other cases, legal commentary has led to the development of new causes of action outside the traditional common law torts. These are loosely grouped into quasi-torts or liability torts.

[edit] Negligence

Negligence is a tort which depends on the existence of a breaking of the duty of care owed by one person to another. One well-known case is Donoghue v Stevenson where Mrs. Donoghue consumed part of a drink containing a decomposed snail while in a public bar in Paisley, Scotland and claimed that it had made her ill. The snail had not been visible, as the bottle of beer in which it was contained was opaque. Neither the friend who bought the bottle for her, nor the shopkeeper who sold it, were aware of the snail's presence. The manufacturer was Mr. Stevenson, whom Mrs. Donoghue sued for damages for negligence. She could not sue Mr. Stevenson for damages for breach of contract because there was no contract between them. The majority of the members of the House of Lords agreed (3:2 ratio) that Mrs. Donoghue had a valid claim, but disagreed as to why such a claim should exist. Lord MacMillan thought this should be treated as a new product liability case. Lord Atkin argued that the law should recognize a unifying principle that we owe a duty of reasonable care to our neighbors. He quoted the Bible in support of his argument, specifically the general principle that "thou shalt love thy neighbor." Negligence is a breach of legal duty to take care resulting in damage to the plaintiff. This definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The legal burden of proving these elements falls upon the plaintiff. The elements in determining the liability for negligence are:
The plaintiff was owed a Duty of care
There was a Dereliction or breach of that duty
The tortfeasor Directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury].
The plaintiff suffered Damage as a result of that breach
The damage was not too remote; there was proximate cause.

[edit] Duty of care

The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case. There are two ways in which a duty of care may be established:
the defendant and plaintiff are within one of the 'special relationships'; or
outside of these relationships, according to the principles developed by case law.

There are a number of situations in which the courts recognise the existence of a duty of care. These usually arise as a result of some sort of special relationship between the parties. Examples include one road-user to another, employer to employee, manufacturer to consumer, doctor to patient and solicitor to client.

[edit]...

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