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Duty of Pilot in Tort Law: A Case Study

Analyze a complex set of facts using the legal understanding of torts to identify legal issues and apply concepts such as duty, breach, causation, proximate causation, defenses, and strict liability.

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Added on  2023-06-03

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This article discusses the duty of a pilot with respect to animals in the context of tort law. It explains the difference between crime and tort, types of torts, and the liability of the tortfeasor. The article also covers the duty of care, negligence, and strict liability in tort law.

Duty of Pilot in Tort Law: A Case Study

Analyze a complex set of facts using the legal understanding of torts to identify legal issues and apply concepts such as duty, breach, causation, proximate causation, defenses, and strict liability.

   Added on 2023-06-03

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Duty of Pilot in Tort Law: A Case Study_1
Tort refers to the activities of the person which leads to an adverse impact on the others.
However there is a difference between the crime and tort, as tort is raised due to the breach of
duty of the person, but sometimes tort also leads to the crime (Van Dam, 2015).
There are several kinds of torts, namely intentional and unintentional. Intentional tort means, due
to the deliberate actions of the person, another party get injured. The most widespread torts are
medical malpractice, car accidents, and claims that are dependent on the negligence of a precise
person or unit (Goldberg, Sebok, and Zipursky, 2016).
Commonly, a claim in Tort is focused on acquiring a monetary compensation in against of harm
or damage that is done by the person (tortfeasor) who committed the “tortious act”. If the
tortfeasor is found to be at fault for the injury, then they are expected to pay the financial
compensation personally, though some injuries or damages will be covered by the insurance of
the at-fault party. This payment is intended to also act as a deterrent to those who commit
tortious acts, though would not typically be described as a “punishment” in the context of a
criminal matter.
The present study is related to the duty of the pilot with respect to the animals. In this case, even
though the pilot knew that the condition of the animal was not good and it was very risky to hold
the pets in the cargo even there a chance of living was also very less if the flight did not hold.
Then also the pilot did not lend the flight because due to the delay of the passenger. Moreover, at
last, all the pets died.
According to the general principles of the tort law, if the person did not exercise reasonable steps
to save the animals or due to the negligence of the person the animal get the harm, then the
person becomes liable. Further, the person becomes also liable under the Nuisance. In this case,
Duty of Pilot in Tort Law: A Case Study_2

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