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English Tort Law Assignment

   

Added on  2020-02-05

9 Pages2899 Words81 Views
Law of Torts

Table of Contents1. LEGAL ISSUES..........................................................................................................................12. LAW............................................................................................................................................13. APPLICATION...........................................................................................................................3CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6

1. LEGAL ISSUESFollowing legal issues can be established after taking into consideration the facts andcircumstances of the given case scenario :Whether Janelle would be liable for her negligence actions and what points are requiredto be proved by Peter for being successful in his suit ?Whether Sully liable for the injuries caused to James and what are the defences availablewith her ?2. LAWEnglish tort law is the law established to govern the implicit civil responsibilities that oneindividual owes to the other. Tort can be determined as civil wrong done by one party whichcaused injury, damage or loss to the other party1 . Tort is an intrusion into the health, safety,privacy and profits of another person. Law of tort seeks to provide remedies to the bonafideparties who have suffered loss or damage due to wrongful or negligent actions of others. Itencompasses wide range of rights, remedies and obligations that are applied by courts in case ofcivil proceedings. The tortfeasor i.e. the person whose wrongful actions caused injury would beheld liable under tort law even if acted unintentionally i.e. due to negligence. Tort of negligence was first established in the case of Donoghue v Stevenson, 1932,which held that the party would be liable if he acted negligently and caused harm to other whereany other person of ordinary prudence have taken reasonable care in the same situation.Following points are required to be proved by the claimant to be successful in a claim ofnegligence :Duty of care : The claimant needs to prove that the defendant owes a legal duty of caretowards him2. According to the case of Caparo Industries plc v Dickman, 1990, a threestage test is required to perform whether a duty of care exists or not : (a) There exists a relationship of proximity between the parties.1Moore, M. S., 2010.Placing blame: A theory of the criminal law. Oxford University Press,USA.2Laposata, E., Barnes, R. and Glantz, S., 2012. Tobacco Industry Influence on the AmericanLaw Institute’s Restatements of Torts and Implications for Its Conflict of InterestPolicies.Iowa law review. 98(1). p.1.1

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