Principles of the Law of Torts: Concepts, Cases, and Applications

This assignment provides a comprehensive overview of the principles of tort law. It begins with an introduction to torts as civil wrongs and distinguishes them from criminal acts. The assignment then explores key concepts such as negligence, defining duty of care, breach of duty, damages, and remoteness. It delves into foreseeability and proximity, using the case of Smith v Leech Brain and Company. The document also covers the duty and standard of care, using Donoghue v Stevenson and Vaughan v Menlove as case examples. It examines the elements required to prove negligence, and then discusses assault, battery, detinue, and defamation. Vicarious liability and occupier's liability are also addressed, providing a thorough examination of the law of torts.

Principles of the Law of Torts
Contents

INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
QUESTION 2...................................................................................................................................1
QUESTION 3...................................................................................................................................2
QUESTION 4...................................................................................................................................2
QUESTION 5...................................................................................................................................2
QUESTION 6...................................................................................................................................2
QUESTION 7...................................................................................................................................3
QUESTION 8...................................................................................................................................3
QUESTION 9...................................................................................................................................3
QUESTION 10.................................................................................................................................4
QUESTION 11.................................................................................................................................4
QUESTION 12.................................................................................................................................4
QUESTION 13.................................................................................................................................4
QUESTION 14.................................................................................................................................5
QUESTION 15.................................................................................................................................5
QUESTION 16.................................................................................................................................5
QUESTION 17.................................................................................................................................5
QUESTION 18.................................................................................................................................6
QUESTION 19.................................................................................................................................6
QUESTION 20.................................................................................................................................6
W1....................................................................................................................................................7
W2....................................................................................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Tort is the wrongful omission which create civil action against tortfeasor. It is the legal
concept which is different from criminal wrong. The word is come from French word tortus
which means civil wrong (Ashworth and Horder, 2013). Negligence is the term which define
duty of care. Vicarious liability is the situation in which one person is held liable for the
omission of another person. Defamation is the based on reputation of person. Tort and crime are
different from each other.
QUESTION 1
Tort has been considered as civil wrong which is caused by individuals as well as other legal
entities. This concept is different from criminal liability. The person who conduct wrongful act is
called as wrongdoer. Such person is responsible to amount of compensation for the purpose of
loss and injury caused to victims. The main aim is reducing harm caused by one person in
against of another (Bellia Jr and Clark, 2011). Several types of remedies are also provided by law
to parties in order to protect their rights and interest like injunction in which court imposed order
to person for not do something. In such law intention of parties is not involved but action should
be more valuable. But in case of criminal case intention of parties pay effective role and maintain
their performance as well. Person who wants to file case against another person is known as
plaintiff and against whom they file case is called as defendant. Different types of rules are
imposed on them which are able to protect their rights and interest.
QUESTION 2
Negligence is the term of law which is able to define duty of care which is imposed on one
person in order to take care of another. It is the wrongful act in which one person have to suffer
due to negligence of another (Gardner, 2011). But the person who wants to receive for the same
have to proof some points in court are as aligned below-
Duty of care- Tortfeasor having duty of acre over victim. Such person is legally bound to
fulfil duty which is imposed on him.
Breach of duty- In case person fails to comply with duty of care then they called as
wrongdoer.
Damages- Due to negligence of person damages caused to person is considered as wrongful
act.
1

Remoteness- Damages which are caused to victim are not able to control by them. On the
basis of this person is able to file case against him in order to receive amount of compensation.
QUESTION 3
Foreseeability has been considered as reasonable person have damages in circumstances.
Such concept is present in term of negligence. Because damages caused to one person due to
negligence of tortfeasor. In which injury caused to one person and able to file case against
another. On the other side Proximity is the legal concept which define relationship among parties
from which legal authorities attribute a duty of care. It defines various rules, regulation and
policies which have to be followed by every person in order to comply with law. Proximity is the
important term that if person caused harm to another person then it is important that there is legal
relationship among both parties and they their functions are having impact on each other.
Case: Smith v Leech Brain and Company (1962), in this case it has been held that injury caused
to person has been considered as minor injury which is foreseeable.
QUESTION 4
Duty of care and standard of care are covered under legal term which
explained roles and responsibilities of each person. Both term having same
motive identify guilty and provide best solution to innocent party.
Duty of care Standard of care
This is the legal duty which is imposed on
one person. It defines parties’ relationship
which is not able to fall in existing category.
In this legal term it is clear that defendant
must owes the duty of care against plaintiff in
order to take care of them.
There are some aspects considered by legal
authorities. Such as there should be
proximity among parties and imposed duty
of acre on them.
In which court must defines that duty of care
has been breached by defendant and due to this
reason plaintiff is able to file case against
another party for the purpose of receive
amount of compensation.
In which, one person can legal action against
another for non-performance of duty of care.
Legal imposed on individual.
2

QUESTION 5
Case: Donoghue v Stevenson, (1932), in this case Mrs Donoghue order bottle of ginger beer in
café. It was present in opaque bottle so that content is not easily seen. After sometime she found
decomposed snail in beer and through which she was suffered with personal injury. Due to this
reason she files case against manufacturer of beer bottle. It was held that the claim was
successful and plaintiff is able to receive amount of compensation for the same.
Case: Vaughan v Menlove, (1837), in this case it has been held that defendant breach his duty
of care which is imposed on defendant as per rule of law.
Real life examples:
For example, 1- Tony is person act as tem leader in multinational company and responsible to
maintain clean and safety environment. One-day employee of the same firm falls in ground and
his left hand went into oil temperature due tom leakage of water from ice making machine. In
this case team leader is responsible to take care of employees but he failed to do so.
For example, 2- Principal appoint agent in order to form legal agency. During employment of
agent principal is held liable for the maintain health and safety. In this case duty of care imposed
on principal.
QUESTION 6
According to the rule of tort of negligence, if tortfeasor failed to comply with duty of care
than he is responsible to pay amount of compensation equal to damages caused to another
person. Plaintiff is responsible to prof some points for the same purpose which are as follows-
 Defendant held duty of care of plaintiff in order to protect their interest and rights.
 Tortfeasor failed to comply with duty and breached such duty of care.
 Due to breach of duty of care personal injury as well as other damages caused to
plaintiff.
 Damages which are caused to plaintiff are not able to control by parties. So that, on
the basis claimant is able to lodge complaints against them.
3

QUESTION 7
Both assault and battery are wrongful act which is done person is called as criminal. In
which one person may cause harm to another person. purpose of these acts are same that is harm
to another person but in legal terms they are different from each other.
Assault Battery
It is the wrongful act which occurs when
one person caused physically harmed to
another person. In which one person is held
liable for bear compensation.
Case: Barton v Armstrong (1969), in this case
it has been held that words could be constitute
as an assault. In present case threats conduct
over the phone.
When person intentionally forced to another
person for doing something is called as battery.
In such wrongful act it is not necessary that
body of defendant’s body come into relation
with body of plaintiff. In which person can use
weapon such as knife and other. Battery should
be take place in the absent of assault.
QUESTION 8
Tort of detinue is the legal action in order to recover property which is wrongfully take by
another person. This action needs to be taken by person in order to prof that he having ultimate
right over property. It has been considered as wrongful retention and imposed right over the
property of other person. it is the legal action which one person is able to take in against of
another person for the purpose of recover property which is wrongly kept by person.
QUESTION 9
Defamation is the publication of statement which is tends to lower the reputation of one
person and try to avoid that person. Furthermore, person against whom defamation has been used
by other person. Then innocent party having right to file case and able to receive amount of
compensation as well equal to amount specified under law. This is the wrongful act which is able
to reduce right or create situation of discrimination (Level 4 The Law of Tort (General Principles
of Law). 2017). So that, defamation is the act which are deal with such statements which reduce
reputation of person. But plaintiff have to prove some elements which are as follows-
 They have to prove that defendant use wrong or false statement.
4

 Defendant do such act in order to create unprivileged publication in front of third party.
 Claimant needs to prove that person who act as publisher in such situation acted at least
negligently while publishing the effective communication.
 Try to provide evidence in order to prove damages caused to plaintiff due to such act.
Libel and slander are two main essential elements of defamation. Libel has been considered
as statement which can be seen as written as well as published. Slander create when defamatory
statement is spoken.
QUESTION 10
The concept of law of Defamation is the legal term which is able to protect interest of people
and secure their rights as well (Weinrib, 2012). The main aim of this legal term is to protect
person from false statement which is publish in against of person in order to avoid them and
reduce their reputation from country. This is helpful for reduce wrongful act from country.
Through which every person having right to share their views and ideas in order to receive better
right.
The main aim or objectives of defamation is to protect rights and interest of parties and
maintain their reputation as well. Law of defamation is the legal process which are able to
protect life and offer safety environment to them.
QUESTION 11
Vicarious liability is the situation in which one person is held responsible for the action
taken by another person. In every organization employer are liable for every act as well as
omission of employees (Colangelo, 2012). Such action includes functions which they done in the
course of employment. If parties act as principal and agent and perform their function
accordingly. In that case principals are held liable for the act which is performed by their agent in
the course of employment. Parties are bound to manage their function in effective manner in
order to protect their interest.
Such liability has been imposed on principals due to wrongful act of their agents. For the
same purpose they have to pay compensation amount to suffered party equal to damages caused
to them. As they have to comply with rules.
5

QUESTION 12
Occupier of the premises has been considered as person who having ultimate control over
entire functions (Virgo, 2015). They are liable if injury caused to any employee during work in
organization. They are bound to provide equal opportunities and safe or secure working
environment to workers. According to the rule of law, duty of care has been imposed on occupier
in order to take care of their employees. When workers are working on hazardous machine then
employers are bound to offer proper safety equipment to them in order to secure their life and
safe them from any type of hazard. The person who having ultimate control over the property has
been considered as occupier. He is responsible to manage overall control of the premises.
QUESTION 13
In my organization there are number of things which are included in breaches of duty of
care. Employers are failed to comply with duty of care which is imposed on them. They are
responsible to follow rules and regulation which are imposed on them (Epstein and Sharkey,
2016). Employers are failed to provide safety equipment to workers while they are performing
function on hazardous machine. As a members of firm I able to secure life of workers and try to
avoid hazard. As per the rule of vicarious liability person have to understand about duty of care
which imposed on them. Health and safety regulation is able to imposed strict liability for the
purpose of protect interest of parties and maintain their performance in effective manner.
QUESTION 14
Crime is the wrongful; act which is conducted by person in order to harm another person for
which legal authorities imposed punishment to the person who done such act. The person who
conduct such act is known as criminal and held liable for bear penalties which are imposed on
them. In which action has been taken by government. Intention of party required and the main of
this act is to punish offender. Criminal cases generally lodge in criminal court.
Tort define civil wrong and the main aim is to compensate. In such wrongful act the action
should be taken by individual rather than government. In which intention of parties is required.
Main outcome received is that compensation should be provided to plaintiff equal to damages
caused to him. Matter occurred has been submit in civil court.
6

QUESTION 15
Act of negligence consists various elements which are based on negligence. There are
various types of roles and responsibilities mentioned in this act which are able to maintain
performance of parties. It includes personal injury, claims, damages and much more for which
defendant is held liable to compensate for the same (Kennedy, 2010). Elements which are
mentioned are
Duty of care
Breach of duty of care
Damages caused to person due to breach of duty and
Remoteness of damages which are caused to plaintiff. It means damages which are caused to
person are not able to controlled by parties. Above mentioned terms are considered as elements
of act of negligence which are easily define such concept.
QUESTION 16
Relationship among parties and intention of parties are considered as key aspects of duty of
care. According to rule of law parties frame legal contract with each other in order t comply with
law and try to fulfil their legal obligation which are imposed on them (Deakin, Johnston and
Markesinis, 2012). Above mentioned two aspects needs to be mentioned in tort of negligence in
order to create legal binding on them.
Proximity has been considered as relationship among parties. It is necessary to be clear that
act of one person having impact on performance of another person. Due to this relationship
damage or harm has been created on them. So that relationship and intention of parties are the
two legal aspects of duty of care.
QUESTION 17
If one-person breach duty of care, then another person is able to file case against another
person (Schoenbaum and McClellan, 2012). At this time plaintiff is responsible to prove some
factors on order to file claim against defendants and receive amount of compensation. Factors are
like-
Duty of care
Breach of duty
Damages caused to plaintiff and
7

Remoteness.
According this rule damages which are caused to person are not able to controlled by parties.
QUESTION 18
Voluntary assumption and contributory negligence both covered under law. Different rules
and regulations are imposed on them as per the provision of law. But these terms are
distinguishing with each other which are as aligned below-
Voluntary assumption Contributory negligence
It is stated with risk has been considered as
risk about which plaintiff having full
knowledge of the risk (Daye and Morris,
2016). In which the person voluntary take risk
and able to create consequences. This is the
complete choice of plaintiff to take risk. In
which person having full about risk which are
occurred.
Contributory negligence has been
considered as common law which is based
on negligence. This act able to define
liability of person and imposed restriction
on them.
In which plaintiff is knowingly take risk
and handle risk which is arise after activities.
In that case, person is not able to file case
against another person in order to receive
compensation.
Plaintiff is able to file case against
defendants in order to receive amount of
compensation equal to damages caused to
them. In which person is liable for the act
conduct by another person
Contributory negligence has been considered as common law which is based on negligence.
This act able to define liability of person and imposed restriction on them. Plaintiff is able to file
case against defendants in order to receive amount of compensation equal to damages caused to
them. In which person is liable for the act conduct by another person.
QUESTION 19
There are two elements contained in Lord Atkin’s which are related to formulation of duty
of care are as aligned below-
8

 The nature of duty is able to avoid omission in which one can reasonably foresee.
This situation define injury caused to another person which is known as reasonable
foreseeability of injury.
 The duty of acre of one person is directly affect body or life of another person. It
defines proximity which define relationship among parties. So that parties are bound
to bound to fulfil their duties which are imposed on them.
QUESTION 20
Breach of tort has been considered as breach of duty by one person and it cause damage to
another person (LaFave, 2017). Tort define various rules, regulation, policies and procedure
which binding parties to comply with such rules and maintain their performance as well. Every
person is held liable to follow rules and in order to take care of another person. Damages caused
to person due to negligence of another person is liable to file case against defendant in order to
order to receive amount of compensation.
If breach has been occurring at my work place, I will try to find out through analysing the
things at workplace. Also I would like to receive feedbacks from other members in order to find
out actual performance of company.
W1
Every party who is involved in tort of negligence needs to receive information which is
beneficial for them (Hall, 2010). As parties are bound to follow their roles and responsibilities
which are imposed on them and mentioned under law. Parties who are involved in wrongful act
are responsible to collect information or data which is required for them. They have to follow
specific rules and regulation which is imposed on them. www.austlii.edu.au This website has
been used by researchers in order to collect information or data related to Australia. Through this
they can receive basic and appropriate information which is helpful for them. It has been
referring to gather related data about laws consists different rules and regulation which are based
on Australia.
W2
Policies and procedure which are mentioned under law are able to develop governance
requirements. Such policies are needs to be followed by parties in order to perform their
functions in effective manner. every company have to comply with such policies include
9