Tort Law and Duty of Care: Explained and Analyzed

Project
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INTRODUCTION
Business law state to all rules and regulation which are to be followed businesses and
organisation. The government is responsible for governing, regulating of all laws and regulation.
This provide direction to them how to conduct business in legal and ethical way. However, in
every country the laws differ and is formed by government. Besides that, it is necessary to
regulate and maintain law to ensure transparency, accountability, etc. (Morley, 2016).
In essay it will be described about tort law and duty of care. Moreover, it will be
explained on doctrine of tort along with ethical consideration of PLC bank. Also, the possible
defence for extortionate PLC.
MAIN BODY
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Tort law is an act or omission that led to harm or personal injury to other and to doing
wrong on which liability can be imposed by court. Basically, it includes all act which is either
done intentionally or intentionally. The tort include all cases which that results in harm. With
help of law suit, victim can cover damage done in tort law. For that, the person must prove
breach of duty which resulted in causing of harm. But it has been evaluated that tort law is
different from criminal law. It is because in tort law damage done is within interest of person.
But on other hand, in criminal law damage or injury done is against society interest. (Alder and
Wilkinson, 2016)
A duty of care is legal responsibility own by a person or company in order to avoid any
behaviour or omission which can result in causing harm to others. So, in law duty of care is
responsibility followed by organisation or person. They have to ensure that all services does not
led to change any damage or harm done to person. There are some elements is duty of negligence
which is as follows
Duty- it arise when act of person is dependent on relationship between defender and plaintiff.
Breach of duty- Here, it is essential to prove that other party has breached their duty.
Cause in fact- it state that a plaintiff must prove that defendant's actions were the actual cause of
injury (Davis and Geyfman, 2017).
Whether extortionate PLC is liable for samantha’s injury?
The doctrine of tort is summarised as restatement using community to transform decision
making. It can import extra norm to identify liability for injury. This means that one doctrinal
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