Understanding the Law of Tort and Liability in Negligence

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Question 1
Introduction
The main aim or the fundamental role of civil law is create a legal foundation for institutions,
transactions and doctrines on the basis of commercial law and civil society. In its operations,
civil law balances rights of private individuals with legal responsibilities and obligations.
Question 2
Law of Tort
By definition, a Tort is a French word meaning wrongful act. The law of Tort includes all
civil wrongs which are either accidental or intentional in which an injury occurs to another
person. All Torts includes cases of negligence and also intended intentional wrongs which
leads to injury or harm to another person (Ben-Shahar, and Porat, 2016).
Question 3
While establishing a liability in negligence, the following elements have to be proven
beyond reasonable doubt for there to be a case. Most claims arise for accidents guarantees
that the basis in which a company or an individual can be held responsible legally for any
harm is known as negligence. (Best, Barnes, and Kahn-Fogel, 2018). For the case to be fully
executed and won, the injured person (plaintiff) must show beyond reasonable doubt that the
defendant acted with negligence. The plaintiff must prove using the following;
1. Element 1:Duty- under the circumstances, the defendant had a legal duty owed to the
plaintiff. In the case of Canberra Construction Vs Wayne Vickery; the driver of the
grader had the duty of looking where he was backing. Wayne had not made contact
with the driver of the grader even though protocols required him to do so during road