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

Tort Law Essay

986 words - 4 pages


The dotted line between ‘fault liability’ and ‘strict liability’: four ideal types of liability in tort law

1. Are the notions of fault and strict liability misleading?

• two notions should be considered as they will be applied all along the four types of liability:

- fault (as in fault liability) ( liability for one’s own faults.

- risk (or strict liability) ( accountability, based on criteria other than individual fault, for the consequences resulting from an unlawful/illegal act.

Four ideal types

• a) Individual liability for one’s own faults

▪ the basis for this type of liability lies in the conduct of the person held liable.
...view middle of the document...

- motorists must take account of the mistakes of other participants in traffic
( the standard used to test the average driver is that of the ‘perfect driver’.

Various scenes behind the rules

608 Legal cultures

608-1 Germany

• a rule is presented, then divided into sub-rules, each of them divided again into sub-sub-rules.

608-2 England

• the use of precedent gives the law a static rather than a dynamic approach. However, the Lords may create law by deviating from existing precedents.

• the common lawyers think in actions and remedies rather than in wrongful or negligent conduct.

608-3 France

• use of the grand principes which are the basis of general concepts and general rules.

• the French seem to be more able to live with a certain lack of clarity and certainty.

608-4 Europe

• the EU approach is functional as it is only supposed to regulate matters which are relevant to achieve Community goals.

• there are various starting points of thinking in the different tort systems

- French believe in their general principles;

- Germans love their legal order and its details;

- English cherish their traditions.

609 Policy approaches

609-1 Introduction

• tort law is about balancing the interests of individuals, private, and public bodies. It distributes rights, duties, and money.

• differences in policy approach between legal systems are discerned in:

- the importance of strict liability

- the treatment of public authorities

- the function of tort law and the kind of justice that is pursued.

What kind of justice do we distinguish in England, France and Germany?

a) corrective justice ( making good a wrong without taking into consideration the needs, the character, or the worth of the parties concerned.

b) distributive justice ( the distribution of goods in society as a whole, taking into consideration every person’s need and desire.

609-2 England

• mainly about corrective justice and regulation conduct

▪ ex: - the English fault liability does not require more than is humanly possible

- English law puts a strong emphasis on the foreseeability on the loss

- English law provides the...

Other Papers Like Tort Law

Analysis of Tort Law Hedley Byrne

2099 words - 9 pages it difficult to apply the principle in subsequent case. Another reason for the difficulty in applying the principle is due to the fact that the law is always changing, all cases will not exactly be the same as in the Hedley Byrne therefore it is logical for the law to be developed to suit the growing changes in the courts. BIBLIOGRAPHY Lunney, M., Oliphant K; Tort Law: Text and Materials, (4th edn) Oxford University Press (2010) Hocking

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

Implementation of the Human Rights Act 1998 Has Impacted Upon Many Areas of Tort Law. Choose One of These Areas and Assess the Act’s Impact. 

2490 words - 10 pages Implementation of the Human Rights Act 1998 has impacted upon many areas of tort law. Choose one of these areas and assess the Act’s impact.  Traditionally, up to the Human Rights Act 1998 (HRA) for the Convention and the all the individuals living in the United Kingdom had no domestic law.This resulted them to go to the European Court of Human Rights in Strasbourg in order for them to correct the breach of their Convention rights. Thus the

Aspects of Contract and Negligence for Business

527 words - 3 pages tort and contractual liability 3.1.1 The similarities and differences between liability in tort and contractual liability A tort is civil wrong for which precedents and legislative enactments imposes legal liability as personal injury, psychiatric harm, damage to property and economic loss in negligence, undermining reputations in defamation or the interference with the enjoyment of land in nuisance.(Allison, 1996) Contract law imposes obligations

Risk and Tort Management

1515 words - 7 pages RUNNING HEAD: TORT AND REGULATORY RISK Recognizing and Minimizing Tort and Regulatory Risks Paper LAW 531/Business Law 02/22/2010 Introduction In today’s business environment organizations have to deal with regulatory risks and tort liability on a daily basis. Organizations that do not comply with the state and federal regulations expose themselves to fines, tort liability and criminal penalties. The cost of failure to comply is not

Intentive, Motive and Malice

2480 words - 10 pages The essay will discuss the meanings of intention, motive and malice as used in the law of torts. The law of tort is concerned with civil wrongs, in the sense that a wrong or tort is committed against an individual (which includes legal entities such as companies) rather than the state. The importance of the Law of tort is that individuals have certain interests or rights which are protected by Law. These interests are protected by a court

State or Federal Tort Claims Act of 1946 Paper

1507 words - 7 pages ; however, it excludes torts or civil liability (Valparaiso University Law, 1980). Around the beginning of 1887 a new law, the Tucker Act is enacted to forbid torts against the federal government (Cornell University Law School, n.d.). From the 19th Century to the 21st Century various laws are enacted to allow the federal government civilly liable for actions. Texas Tort Claim Act will allow a citizen the right to sue the state government of

Tort And Liability

300 words - 2 pages in the future. Alumina, Inc. is a $4 billion dollar USA-based industry leader in Aluminum making. They operated in eight countries around the world. The US accounts for seventy percent of its sales. Their business interests are in: automotive components, manufacturer of packaging materials, and aluminum smelting. Alumina falls under jurisdiction of Region 6 of the EPA. A tort is the French word for a “wrong.” The law provides remedies to

International Business Law Cases

313 words - 2 pages regulations says that they absolve moral responsibility for any accidents Doe v uncoal corporation p.65 U.S. v Liebo, Alien Tort Claims, The alien tort claims is a US section that says the us cours have jurisdiction by an alien only for a tort in violation of the law of nations or a treaty of the US on doe v. Uncoal in order to build a pipeline, the company cooperated with the local military to get slavers to work on the project.// this company cant take the money out of the company for 10 years

Synopsis of Tort Cases

3448 words - 14 pages diabetic coma. Preceding are the tort actions and elements present within the aforementioned scenario. The depiction of the potential plaintiffs and defendants is illustrated by the tort actions that transpired within the scenario. The possible defenses and resolutions of such claims exemplify probable outcomes that may be attainable in a real life scenario and court of law. Tort Actions in Scenario One In scenario one, the tort

Business Torts Issue Spotter Essay

1274 words - 6 pages also lost sleep, was jittery, and was in a terrible mental state. Therefore, Rita is likely liable for Intentional Infliction of Emotional Distress. Emmy V. Police The Police face liability for the tort of Negligence. Negligence is a failure to exercise the care that a reasonably person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. Here, the police

Related Essays

Tort Law Homework Essay

1878 words - 8 pages NEGLIGENCE Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with

Law Of Tort Essay

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

Law, Tort Law, Criminal Law, Contracts, And Civil Procedure

1720 words - 7 pages 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

Tort Law Unit 1 Research Paper

1217 words - 5 pages PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not