Tort in Negligence of an Individual Person : Essay

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TORT LAW
Tort can be defined as civil wrong in which an innocent party is injured due to negligenceof tortfeasor. Further, negligence is a situation in which individual fails to take care of generalresponsibilities which is expected from prudent person in such similar situation.Reasonableperson is the so-called person of legal fiction in the law of negligence. Such a person focuses onhow a typical person with ordinary discretion will act in specific circumstances1. In case of dutyof care every person is measured on the equal bases. A person with a low intelligence andcareless will be treated same as the person with high intelligence and more care. Jury presentnormally decides whether the suspected person has acted as a reasonable person or not. In orderto take decisions jury consider the defendant point of view in order to know what he actuallyknows, has detected and has experienced2.Tort law provides remedy to make claim of damagesto the innocent party who has suffered the loss or harm from any wrongful practice of tortfeasor.The person who performs the tort act is known as tortfeasor or plaintiff or defendant.Present study is based on the evaluation of standard of care in negligence by consideringthe action of standard person. In this essay to tort in negligence of an individual person is alsointerpreted3.At last in this essay the accuracy of the given statement has been discussed byconsidering the various case studies as an example.The tort law has arrived after the combination of various common law generalization andlegislative re-enact. Tort liability does not arise with the contractual relationship thus there is nostandard scale to pay remedy to the defendant. Rectification of the tortuous acts includes theinjunctions and damage for money. The victim who has been injured by the unfair cause canrecover the loss suffered by them from lawsuit4.There are two types of torts i.e. intentional torts and statutory torts. Intentional torts arethe torts that are intentional performed in order to harm someone whereas on the other hand1Van Dam, C., 2013.European tort law. Oxford University Press.2Edwards, J.S., 2015.Tort Law. Cengage Learning.3Dobbs, D.B., 2001.The law of torts(Vol. 2). West Group.4Alexander, K., 2015. Tort Liability for Ratings of Structured Securities UnderEnglish Law.University of Oslo Faculty of Law Research Paper, (2015-06).
statutory torts are the torts that are applied by the duties of public and private parties5. These arenot created by court.In tort law, duty of care may be defined as a legal obligation which is imposed anindividual who requires to avoid the acts which provide harm to others. Duty of care is the firstelement that is deep-rooted by an individual at the time of proceeding with the action ofnegligence6. The duty of care can be imposed by the transaction of the law between the personwho does not have any direct relationship but can be linked in some or other manner. If anyindividual person fails to take the duty of care than in that case he is liable to pay the sum ofcompensation to the injured person who has suffered loss. Failure of this action is determined byconsidering action of prudent person.Some factors that show the determinate of standard of care are:-Foresee ability of harm: - The reasonable person is only liable to takeprecautions against the risks if it foreseeable7. The case of Roe v Minister ofHealth [1954] 2 QB 66 depict about the following condition.The social utility of the activity: - the suspect person will not be held susceptiblein case of negligence if justification for taking the risk is already mentioned.Practicability of taking precautions: - in order to do what is reasonable, thereasonable person should avoid the risk of harm and there should be no legal;obligations to move on to the extraordinary lengths.As per the given statement negligence is the act that cause injury or harm to anotherperson8. In other words it can be said that negligence of duty of care take place when one personcauses any wrong practice intentional or unintentional which in turn harm the another person. In5Goldberg, J.C.P. and Zipursky, B.C., 2013. Available through :<http://www.law.harvard.edu/programs/about/privatelaw/related-content/2013-working-paper-series/goldberg_tort-law-and-responsibility_5-24-13.pdf> [Assessed on 23 January, 2016].6Sánchez Viera, M., 2015. Management of acne scars: fulfilling our duty of carefor patients.British Journal of Dermatology.7Gardner, J., 2011. What is Tort Law For? Part 1. The Place of Corrective Justice.Law and Philosophy,30(1), pp.1-50.8Kenny, C.S., 2015.A Selection of Cases Illustrative of the English Law of Tort.Cambridge University Press.
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