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 contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges ...view middle of the document...

The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. Worker’s compensations, injuries sustained during employment are grouped into quasi-torts or liability torts. Three elements must be established in every tort action. First, the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion. Second, the plaintiff must demonstrate that the defendant breached this duty by failing to confirm his or her behavior accordingly. Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach.
In this paper I am going to explain Negligence in details. It is assumed that the principles of negligence comprise the field of tort law, and that fault is the most common basis for determining liability for harmful conduct. (Peck, 1971) The principles of basing awards for accidental injuries on negligence achieved this status in the 19th century. The law has its creative skeptics too. People began to question entrenched negligence law, willing to challenge but also to defend. There is any place for negligence in modern tort law. But skepticism of the challenge reminds us of the danger of pressing the inquiry. We must ask not only whether there is a place but also what the place for negligence is in modern tort law. To put a point on negligence, we should consider what objectives it is able of serving and how its performance measures against that of alternative principles. In short we should know paradigm of the cause of action for negligence. We must know the concepts of negligence like duty of care, standard of care, causation, remoteness of damage, defenses and special duty situations. There are some elements in determining the liability for negligence. The plaintiff was owed a Duty of care, there was a Dereliction or breach of that duty, the tortfeasor directly caused the injury, the plaintiff suffered Damage as a result of that breach, and the damage was not too remote; there was proximate cause.
The main function of duty of care is to delimit the scope of legal protection against inadvertent, negligent harm. (Mendelson p.256) This function of duty of care is similar to that of the remoteness of damage. Duty of care concerns the relationship between the defendant and the plaintiff. There is a necessity that the defendant has to take proper care to avoid causing injury to plaintiff in all the circumstances. The defendant and plaintiff may be within special relationship or outside of these relationships. The courts observe the existence of a duty of care. There could be specific relationships like employer to employee or doctor to patient. The concept of duty of care protects interest against unreasonable risks with law by requiring the defendant to act with reasonable care. These reasonable acts can be measured by the standard of care of a notional reasonable person. The...

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