Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure |
Law, Tort Law, Criminal Law, Contracts, and Civil Procedure
In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence.
J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. ...view middle of the document...
Trust law applies to assets held for investment and financial security. Tort law allows claims for compensation if a person's property is harmed. If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
Administrative law is used to review the decisions of government agencies. International law governs affairs between sovereign states in activities ranging from trade to military action. Writing in 350BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual. Torts, sometimes called delicts, are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. Under the law of negligence, the most common form of tort, the injured party could potentially claim compensation for his injuries from the party responsible.
The principles of negligence are illustrated by Donoghue v Stevenson A friend of Mrs. Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs. Donoghue) in a café in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs. Donoghue's illness. Lord Atkin took a distinctly moral approach, and said, the liability for negligence is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, who is my neighbour? Receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
This became the basis for the four principles of negligence; (1) Mr. Stevenson owed Mrs. Donoghue a duty of care to provide safe drinks (2) he breached his duty of care (3) the harm would not have occurred but for his breach and (4) his act was the proximate cause, or not too remote a consequence, of her harm. Another example of tort might be a neighbour making excessively loud noises with machinery on his property. Under a nuisance claim the noise could be stopped. Torts can also involve intentional acts, such as assault, battery or trespass. A better known tort is defamation, which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation. More infamous are economic torts, which form the basis of labour law in some countries by...