Tort of Negligence: Explaining Meaning, Duty of Care, and Extortionate Plc's Liability

TORT OF
NEGLIGENCE

Project 1...........................................................................................................................................3
1. Explaining the meaning of Tort and Duty of the care.............................................................3
2. In accordance to the doctrine of the tort, stating that whether Extortionate Plc is accused for
Samantha’s injury........................................................................................................................4
3. Presenting the ethical considerations that is owed by bank towards public............................4
4. possible defense for Extortionate Plc......................................................................................5
REFERENCES................................................................................................................................7

Project 1
1. Explaining the meaning of Tort and Duty of the care
Tort is counted as an act or the omission which gives rise to an injury or the harm to any
other person and amount to civil wrong for which the courts imposes the liability. In this context,
injury is described as invasion of legal right while harm indicates loss or the detriment in the fact
that an individual is suffering (Bang and Holle, 2019). The foremost objective of the tort law is
to facilitate a relief to the injured parties for the harm that is been caused by the others, to the
imposed liability on the parties who is responsible for harm and deterring other from committing
the harmful practices or acts. Torts could shift burden of the loss from an injured party to a party
who is at the fault or is better suited in bearing burden of loss.
A party that is seeking redress through the tort law would ask for the damages in form of
the monetary compensation. Less common type of remedies involves restitution & injunction.
The boundaries with respect to this tort law is defined by the common law and the statutory law
in terms of interpreting language of the statues, having wider latitude to determine which actions
must be qualify as the legally cognizable wrongs, that defenses might override any of the given
claim & an appropriate measure of the damages.
Duty of care is the mechanism that is used in law of tort for determining when the person
might be liable. Reasonable foresee-ability of the physical harm would create duty but the
restrictions exist in case of the economic loss, unusual harms and the nervous shock. This
concept is found as useful in separating & explaining cases of the non-liability where there exists
a mistake or an error which causes loss to plaintiff yet there is no any liability. Law relating to
duty of care is applied on the persons who mainly import produces, keep, carry or dump the
waste and the waste brokers.
It is the obligation that takes into account all the measures which are reasonable among
the other things for preventing an unlawful waste management, preventing escape of the waste
and ensures that the waste is transferred to authorized person (Turton and Kyd, 2019). Failure in
meeting or paying the duty is been counted as the criminal offence in the eyes of law.