What is Tort Law? - Definition & System Examples
Added on 2022-08-22
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Running head: LAW OF TORTS
Law of Torts
Name of the Student
Name of the University
Author Note
Law of Torts
Name of the Student
Name of the University
Author Note
LAW OF TORTS2
Table of Contents
Advice 1.....................................................................................................................................3
Advice 2.....................................................................................................................................4
Bibliography...............................................................................................................................7
Table of Contents
Advice 1.....................................................................................................................................3
Advice 2.....................................................................................................................................4
Bibliography...............................................................................................................................7
LAW OF TORTS3
Advice 1
Issue
To determine whether Wendy could make claims against Manu & Sons for the water
damage.
Rule
Under the law of torts, a person or a company enters into an agreement with an
independent contractor in order to carry out a given task. In this regard, it is expected that the
independent contractor would carry out the task that has been assigned to him and that such
task would be free of negligence1. In case of construction work, it is expected that the
constructed structure by the contractor would sustain for a significant amount of time, which
is normal for a structure to stand strong, unless it falls within the exception of a natural
calamity.
In case of a tort of negligence, a claimant can bring charges under the Limitation Act
1980 and the Latent Damage Act 1986. The Limitation Act allows a claimant to bring action
under the breach of contract and a violation of law of tort while the Latent Damage Act
allows to bring actions for latent damage in the constructed property like certain error in the
design or workmanship or defect in the building material. The limitation period for bringing
an action for such cases is 6 years from the date of damage or 3 years from the date when the
claimant knew about the damage2.
Application
1 Morgan, Jonathan. "Liability for Independent Contractors in Contract and Tort: Duties to Ensure that Care is
Taken." The Cambridge Law Journal 74.1 (2015): 109-139.
2 Limitation Act 1980, s 14A
Advice 1
Issue
To determine whether Wendy could make claims against Manu & Sons for the water
damage.
Rule
Under the law of torts, a person or a company enters into an agreement with an
independent contractor in order to carry out a given task. In this regard, it is expected that the
independent contractor would carry out the task that has been assigned to him and that such
task would be free of negligence1. In case of construction work, it is expected that the
constructed structure by the contractor would sustain for a significant amount of time, which
is normal for a structure to stand strong, unless it falls within the exception of a natural
calamity.
In case of a tort of negligence, a claimant can bring charges under the Limitation Act
1980 and the Latent Damage Act 1986. The Limitation Act allows a claimant to bring action
under the breach of contract and a violation of law of tort while the Latent Damage Act
allows to bring actions for latent damage in the constructed property like certain error in the
design or workmanship or defect in the building material. The limitation period for bringing
an action for such cases is 6 years from the date of damage or 3 years from the date when the
claimant knew about the damage2.
Application
1 Morgan, Jonathan. "Liability for Independent Contractors in Contract and Tort: Duties to Ensure that Care is
Taken." The Cambridge Law Journal 74.1 (2015): 109-139.
2 Limitation Act 1980, s 14A
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