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Introduction to Law of Tort TABLE OF CONTENTS

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Added on  2020-10-22

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Introduction to Law of Tort TABLE OF CONTENTS INTRODUCTION 1 TASK 11 Justify, by the application of case law, the finding or not of negligence in each situation1 TASK 23 Compare, with the use of case-law, the features of private and public nuisance 3 TASK 35 Analysing the relevant factors that would lead to a finding of or not nuisance in each case study 5 CONCLUSION 6 REFERENCES 7 INTRODUCTION Law of tort is a wide-ranging body

Introduction to Law of Tort TABLE OF CONTENTS

   Added on 2020-10-22

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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1Justify, by the application of case law, the finding or not of negligence in each situation....1TASK 2............................................................................................................................................3Compare, with the use of case-law, the features of private and public nuisance...................3TASK 3............................................................................................................................................5Analysing the relevant factors that would lead to a finding of or not nuisance in each casestudy.......................................................................................................................................5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
Introduction to Law of Tort TABLE OF CONTENTS_2
INTRODUCTION Law of tort is a wide-ranging body of rights, obligations and remedies applied by thecourts in civil proceeding. English Tort Law concerns the compensation for harm to peoplerights to health and safety, a clean environment, property, their economic interest and reputation.The report discusses about application of case law in different cases by justifying that whethereach case is under the act of negligence or not. Further, it discusses about the comparison of caselaw utilisation in both private and public nuisance.TASK 1Justify, by the application of case law, the finding or not of negligence in each situationCase A:The law of tort is concerned with civil wrongs caused by individuals and other legalentities to any third party or persons. Tort law includes body of rights, obligations and remediesprovided to individual who suffers negligence. The tort law covers personal security, physicalhealth, finance, reputation and property or land owned by individuals (Van Dam, 2013). In above case, Diana was the neighbour of both; Thomas and Clare. Diana was doing anormal day to day chaos in which she decided to prepare her garden for the spring blooms. Afteran hour of potting and digging, Diana left her spade in the garden. During that time, Diana'sneighbour, Thomas a heavy drinker, returned from pub and he picked up the spade and attackedClare, another neighbour. This behaviour of Thomas with Clare creates a case of negligenceunder the law of tort (DeBourgh and Prion, 2012). Negligence comes under the tort and actionable in the civil courts. In simple terms,negligence means failure to act with due care causing harm to someone else. This may includepersonal injury, damage to property and economic loss. Thomas has conducted a serious harmand injury to Clare by hitting him with a spade. This act done by Thomas is considered to benegligence as he has done a personal injury to Clare with the spade. Another reason to justify itas case of negligence is that Tort law of Negligence imposed to create a general duty of careagainst the neighbour. The term general duty of care refers to “You must take reasonable care toavoids acts or omission which you can reasonable foresee would be likely to injure yourneighbour”. According to this principle, Thomas should maintain general duty of care as Clarewas his neighbour (The 3 Different Types of Tort Law, 2018). 1
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