Reflective Writing on Tort Law and Negligence

This reflective writing discusses the basics of tort law, different types of torts, and elements of negligence. It also highlights the importance of commitment and responsibility in learning.

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Reflective Writing
Name
Professor
Course
Date

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Reflective Writing
Student Questionnaire – Week 1
According to the following scale:
1 2 3 4 5
total lack of
confidence
little
confidence
confident very
confident
extremely
confident
Rate your confidence in:
Locating primary sources (case law, statutes) on the internet 3
Locating primary sources (case law, statutes) in the library system 4
Locating secondary sources (journal articles, books) on the internet 4
Locating secondary sources (journal articles, books) in the library system 4
Using video conferencing to communicate with others (eg. Blackboard Collaborate,
Zoom, Skype etc)
3
Using discussion forums to communicate and ask questions of your colleagues 4
Using discussion forums to communicate and ask questions of your course coordinator 3
Reading and understanding case law 4
Creating a realistic and workable study schedule 4
Sticking to your study schedule 3
Setting achievable study goals 3
Learning new material and concepts 4
Being able to clearly communicate your knowledge of the law in written form 4
Being able to clearly communicate your knowledge of the law in verbal form 3
Passing the course 3
Achieving a particular grade in the course 4
Making good judgments when completing course work (eg. being able to judge what is
required to complete tasks at different standards; what content is appropriate and
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correct; what is an appropriate and correct form and structure for presenting the work)
Expressing yourself and behaving in a professional manner (ie. polite, respectful,
ethical)
3
Dealing with setbacks (ie. a change in progress from better to worse, possibly
unanticipated)
4
Your critical thinking skills (including reasoning, questioning, investigating, observing
and describing, comparing and connecting, finding complexity, and exploring
viewpoints [Barahal, 2008])
4
Your reflective thinking skills (ie. thinking about an experience and deciding to learn
from it and do something different the next time)
3
Being able to solve legal problems (ie. your ability to find solutions to legal problems
you encounter in class and assignments)
4
Being able to solve non-law problems (ie. your ability to find solutions to problems
you encounter generally in life)
4
Working independently 4
Working in a team in an online setting 3

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Week 1
At the beginning of the course, we were introduced to the tort law. Here, I must
acknowledge that I got an ample opportunity to earn a lot of new information on the tort law.
Among the most basic lessons I learnt is that tort is a type of legislation that is concerned about
the civil wrong doings such as torturous actions that inflict pain and suffering to the victims.
Initially, I did not know that any action that causes any form of distress to an individual is
tantamount to an illegality.1 However, thanks to the course, now, I know that any act that results
in emotional, psychological or physical distress is unlawful and is covered by the tort law. The
other lesson that I learnt here is that any act that violates the tort law should be punished before
the court of law. This, I learnt, happens because of the need to compensate for the liabilities and
damages suffered as a result of such acts.
Week 2-Different Types of Torts
During week three, the lesson I learnt is that there are different types of torts. These
include negligence, defamation, nuisance, statutory, and intentional torts. Initially, I was not are
that tort is abroad law that can be classified into such many groups. However, now, I know that
tort is a broad legislation that covers many areas.2 I knew all these from the lectures that I had
taken my time to attend during the entire period of the course.
From the lectures that I attended, I learnt that negligence is a type of tort law that arises in
a situation in which an individual acts in a violation of duty of care. This is a common form of
offense with which many people are charged. Defamation, on the other hand, is area of tor law
1 Luntz, Harold, et al. Torts: cases and commentary. (LexisNexis Butterworths, 2017).
2 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54, (2002) 211 CLR 540, High Court.

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that deals with the tarnishing or damaging of reputation. Individual groups of individuals or an
entity can file a legal suit against the other in case of any such acts that are deemed defamatory
to the image.3 Defamation is also considered as a civil law because its damages can be
compensated by making the perpetrator liable for the liability and the damages suffered.
Meanwhile, nuisance is an act that is considered to be annoying or irritating if it is committed.
An example of a nuisance is an indecent act. Such acts can be tantamount to private or public
nuisance depending on the number of people who are affected by it.4
Week 3-Elements of Negligence
One area of new knowledge that I would like to address in this reflection is about the
elements of negligence. During the course, I got a chance to learn about different of tort law.
However, my attention was particularly grabbed by negligence which I was looking forward to
acquire a lot of information about. So, apart from learning about the basic information about
negligence I got to know about various elements of negligence.
The first element of negligence that I learnt about is the concept of the duty of care. What
I learnt here is that an act can be regarded as negligence if it is proven beyond reasonable doubt
that the perpetrator had a duty of care against the victim of the act. In simple terms, this means
that the perpetrator should have acted in some responsible manner that would otherwise prevent
the victim from suffering. The second element that I got to know about is the breach of duty.
This means that an act is regarded as negligence if it is established that the perpetrator violated
the duty that he or she owes the victim of the act.5 The third element that I got to know from the
lectures is that an action can also qualify as negligence if there is an element of proximate cause.
3 Michael v. Chief Constable of South Wales Police, 2015 U.K.S.C. 2 (2015).
4 Davis v. Honeywell Internat. Inc., 245 Cal. App. 4th 477, 199 Cal. Rptr. 3d 583 (Ct. App. 2016).
5 Stickley, Amanda P. Australian torts law. (LexisNexis Butterworths, 2016).

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Meaning, the perpetrator is directly responsible for the suffering experienced by the victim. If the
perpetrator would have acted differently, the victim would not have suffered. Last, but not least,
I learnt about the element of damage.6 This is mainly about the suffering that the victim endures
as a result of the act. It can be a physical, economic or emotional damage. Once it is proven that
there is a damage suffered, it becomes a pure case of negligence and the perpetrator must be held
liable for compensating the victim for the loss.
What a Week!
I must acknowledge that his was indeed an invaluable course. My participation in this
course was a life changing experience that has transformed my knowledge in a great way. While
commending my lecturer for doing a marvelous job, I must also congratulate myself for
displaying a high-degree of responsibility and commitment during the entire course. I decided to
dedicate my time so as to learn as much as I could. Once I realized that it was my duty to learn
something, I had no choice, but to strictly comply with institutional rules. What I did in this
effect was to be punctual, attend all my lectures, and actively participate at all times. I had to
make notes, seek for clarifications, participate in group work, consult my instructors, and
conduct further researches as directed.7 I was privileged to be taught by the lecturers who know
what it means to teach the knowledge-thirsty learners like it. It was quite educative, interesting,
thought-provoking, and challenging. What I had to do, therefore, in my capacity as a learner was
to dedicate my time to learn. This, I did by taking a number of steps including, but not limited to
the attending of lectures, active participation during lectures, responding to assignments,
conducting research, and actively participating in the group discussions.
6 Epstein, Richard A., and Catherine M. Sharkey. Cases and materials on torts. (Wolters Kluwer Law & Business,
2016).
7 Michael v. Chief Constable of South Wales Police, 2015 U.K.S.C. 2 (2015).

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Bibliography
A. Articles/Books/Reports
Luntz, Harold, et al. Torts: cases and commentary. (LexisNexis Butterworths, 2017).
Stickley, Amanda P. Australian torts law. (LexisNexis Butterworths, 2016).
Epstein, Richard A., and Catherine M. Sharkey. Cases and materials on torts. (Wolters Kluwer
Law & Business, 2016).
B. Cases
Michael v. Chief Constable of South Wales Police, 2015 U.K.S.C. 2 (2015).
Davis v. Honeywell Internat. Inc., 245 Cal. App. 4th 477, 199 Cal. Rptr. 3d 583 (Ct. App. 2016).
Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54, (2002) 211 CLR 540, High Court.
C. Legislation
Civil Liability Act 2018
Law of Negligence and Limitation of Liability Act 2008 (NI)