Tort Law and Liability: A Critical Analysis

The provided assignment delves into the realm of tort law, examining the concept of liability and its significance in various legal contexts. It explores the idea of duty of care, where one person is responsible for ensuring the safety of another, and discusses the consequences of failing to meet this responsibility. The document also touches upon strict liability, a legal principle that holds individuals accountable for damages despite lack of direct involvement in the wrongdoing. Through a case study involving Arold and Beatrice, who are organizing parties at a Bowling club and face liability due to an engineer's mistake, the assignment illustrates real-world applications of tort law and its implications on personal injury cases.

TORT LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Tort law is considered as wrong or civil wrong. In which one person done civil wrong
which is not enforceable by law. In this law there is crime or criminal laws are not involved. Act
which is conducted under this are considered as tortious act (Avraham, 2014). In which person
who conduct wrongful act is known as tortfeasor. It is a legal term, in which if person want to
file case against someone then they have to prove duty of care, breach of duty, damages caused
due to breach of duty and remoteness. In which parties needs to comply with rules, regulation
and policies which are imposed on them as per the provision of tort law.
TASK
According to given case scenario, Arold and Beatrice held party in Bowling club in order
to celebrate end of University exams. The club had been empty from so many years and they
went for the purpose of to check building is still safe or not. Both Arold and Beatrice were
reassured to hear that real owner had enlisted HEA. Caron is the person who is representative of
HEA, is able to provided owner with full formal report. He has been proved that cited building is
as solid as it was built. But engineers of the same building negligently performed safety check.
Due to this there is disaster happens in the party and ceiling was fall down on several number of
people.
On the other hand, in another case scenario both Arold and Beatrice spent so much time
in calling friends, parents and close relative of people who are injured. They are full of sorrow
and sat down and share bottle of rum. After that disaster incident they both are upset and decided
to go home. Beatrice not able to drive car as he was drunk and also so tried after party. So that
rather than drive he decided to call taxi for go home. But Arold want to drive as he felt good and
fine. After this he decided to to drive car them home. He drove very carefully and suddenly
Jayden has not run through red light and slammed into both member's cars. During investigation
it was found that Arold have blood alcohol level of approx. 0.19. as he is suffered from
significant injuries to her lower limbs. After treatment it is clear that he can go back to work after
three years later. Beatrice is also receiving minor injuries which are limited to her capacity to her
work. But after that accident Jayden was seriously injured and he was capable to work again. As
he was majorly injured due to accident.
1

According to law as per provision of negligence two parties are involved. In which
parties have to follow rules, regulation, policies and procedure which are imposed on them as per
provision of law (Barker, Cane, Lunney and Trindade, 2012). They are bound to comply with
laws. In order to create legal act plaintiff, have to prove some points which are related to action
of parties.
Law of tort is related to civil wrong which conducted by one party in against of another.
There is no criminal liability is creating on any person but civil liabilities are created. For this
purpose, they have to comply with laws. It provides legal remedies to all parties. There is no
physical injury caused to any person because physical injury is consisting in criminal liability.
But it caused legal damages to another person (Brüggemeier, Ciacchi and O'Callaghan, 2010). In
which court has the power to imposed punishment to person who conduct wrongful act and
responsible to for the wrongful act as well. Parties have to comply with rules and regulation
which are imposed on them. They are bound to comply with according to the provision of laws.
In which plaintiff have to prove duty of care in order to receive amount of compensation and file
case against defendant as well. Also needs to prove duty has been breached by defendant due to
negligence of carelessness. For the same purpose, plaintiff have to collect evidence against
defendant and need to present the same in court in front of legal authorities.
There are following two types of torts which are aligned below-
 Negligence tort
 Strict liability tort
Negligence tort
According to negligence tort defendant is itself responsible for the wrongful act (Van
Dam, 2013). He is responsible to bear punishment which is imposed on him by court equal to
mentioned under law. For this purpose, plaintiff is bound to prove some factor which are as
aligned below-
Duty of care- According to negligence tort defendant of responsible to take care of
plaintiff but it need to prove by him (Gardner, 2011). They are able to take help of any legal
person who having full knowledge about law. Needs to prove that there is breach of reasonable
care which is punishable under the provision of law.
In the given case scenario, Arold is the person who is responsible for the injury which is
caused to Jayden. Due to his negligence Jayden was seriously injured and not able to work again
1

in long life. So that, in order to file case against tortfeasor and receive amount of compensation
as well plaintiff have to prove duty of care of Arold. While he is proving the car he needs to take
of person who is coming in fro of his vehicle. In this defendant needs to perform act which is
imposed on him and he failed to do so which illegal according to provision of law.
Breach of duty of care- The duty which is imposed on defendant as per the provision of
law is breached due to his negligence (Goldberg, 2011). Due to carelessness tortfeasor is failed
to do so and not follow rules and regulation which are imposed on him. Breach is the word
which is stand for not follow to not comply with. So that, if in case defendant to do so or failed
to comply with duty of acre then plaintiff having right to file case against him and for the same
purpose he has to prove in the court.
According to given scenario, Arold is the person who drove car and responsible to take
care of person who is setting next to him and also come in front of his car. But suddenly Jayden
come in front of his and got seriously injured. Due to that serious injury he was not able to get
recovered in recent years. For the reason he has to file case against Arold in order to receive
compensation as well.
Damages due to breach of duty of care- If damages caused to plaintiff due to negligence
of defendant then person having to file case against him and able to receive compensation
amount as well (Graham, 2012).
As per the given case scenario, due to negligence of Arold serious injury caused to
Jayden. So that, there is full right having to plaintiff suit another person (Tort Law. 2017).
Remoteness of damages- In this term it has been defined that, damages which are caused
to him are not able to manage or control (Levmore and Sharkey, 2012).
As per the given scenario, damages which are caused to Jayden are not able to
remoteness or not controllable as well. Because after that accident, he not able to join premises
and not able to go on the work place. So that, he is able to receive amount to compensation equal
to damages caused to him. In which loss which are incurred to him are not able to available in
market.
Strict liability tort
According to strict liability tort defendant is not directly liable for the wrongful act. There
is counter intuitive but as per the provision of law it makes some sense (Kysar, 2011). In this
legal term defendant is liable for the act even he is not directly responsible for wrongful act. In
1

which third party is responsible to for the same plaintiff is connected with defendant. So that, this
is reason he is liable to pay amount of compensation.
On the basis of given scenario, both Arold and Beatrice are organizing party in Bowling
club which is close from last many years. Party has been organizing by them in order to celebrate
the end of University exams. Owner provide formal report and provide surety that building was
safe and secure from the day it was built. And they organize party in that building on the basis of
trust on owner. But engineers conduct some mistake due to this, ceiling of that building fall
down on several number of people. In this case, both members are responsible for wrongful act
and have to pay amount of compensation as well but they are not directly liable for the same. For
the same purpose, parents and close relatives are able to file case against both friends that they
are liable for duty of care but they are failed to follow same.
CONCLUSION
On the basis of present report, it has been concluded that according to tort of law there is
no criminal liabilities are consisting buy civil wrong in included in that law. In which one person
is bound take care of another person but in case he failed to do so then plaintiff is responsible to
prove some various factors.
1

REFERENCES
Books and Journals
Avraham, R., 2014. Database of state tort law reforms (5th).
Barker, K., Cane, P., Lunney, M. and Trindade, F., 2012. The law of torts in Australia. Oxford
University Press.
Brüggemeier, G., Ciacchi, A.C. and O'Callaghan, P. eds., 2010. Personality rights in European
tort law. cambridge university press.
Gardner, J., 2011. What is tort law for? Part 1. The place of corrective justice. Law and
Philosophy. 30(1). pp.1-50.
Goldberg, J.C., 2011. The constitutional status of tort law: Due process and the right to a law for
the redress of wrongs.
Graham, K., 2012. Of frightened horses and autonomous vehicles: Tort law and its assimilation
of innovations.
Kysar, D.A., 2011. What climate change can do about tort law. Environmental Law. pp.1-71.
Levmore, S. and Sharkey, C.M., 2012. Foundations of tort law. LexisNexis.
Van Dam, C., 2013. European tort law. OUP Oxford.
Online
Tort Law. 2017. [Online]. Available through.
<http://legal-dictionary.thefreedictionary.com/Tort+Law>. [Assessed on 22nd July
2017].
1