Tort Law Essays

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Free Tort Law Essays

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Issues Of Causation

"There are now compelling grounds for a clear and definitive interpretation of the issues of causation" Critically assess this statement ...

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The Classic Definition Of Tort Law

The classic definition of tort law is: tortuous liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages....

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The Durus First Argument

In order to assess the DURU's first argument, issues concerning the establishment of a duty of care in the tort of negligence, need to be addressed....

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Tort Promise Agreement

Contract and Tort Laws: Application...

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Duty Of Utmost Good Faith

Avoidance as a remedy is implicit from the word deemed in the MIA....

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More Restrictive Concept Of Liability On Negligence

The fluctuation in widespread civil liability reform is a result of the increased amount litigation for negligence and the large damage awards. Factors that have evoked these reforms are centred on the increased awareness about the public rights to sue for damages, potentially with large damage awards. Contributing to this...

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Negotiable Instruments Plays A Major Role

Negotiable Instruments plays a major role in the trade world. We can also see the use of negotiable instruments in the international trade. We can assume that the international trade is also developing with the negotiable instrument. The nature of negotiable instrument is an area of law which has major...

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Bhopal Gas Leak

This case study basically deals with Bhopal gas leak. The age of mass torts arrived with Bhopal Gas Tragedy unveiling the environmental disasters with toxic invasions, and unfortunately, it continues. . The multinationals, which entered the 'developing world' as harbingers of profit and gain were in fact, brought the death...

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Tort And Negligence Law

'Mike is not an authorised visitor at the school and can be considered a trespasser. The same negligence criteria described above are applicable and it is clear that the School is owed a duty and that Mike is in breach of that duty in carelessly leaving a lit cigarette on...

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Red House Colliery

The plaintiff in the case is a lessee of coal mines named Red House Colliery and had obtained the leave for work from two other persons Mr. Hulton and Mr. Whitehead. The defendant's ground lied on the southern boundary the Red House Colliery and stretched centre westward on which he...

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Law Of Torts

“Torts are civil wrongs for which the injured party may seek legal redressal for.” The injured party in case of torts is entitled to claim ‘unliquidated damages', the judgment of which is given by the judge of a court based on the facts, circumstances and the amount of injury suffered...

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The Law Of Torts

“…There remains, in my opinion, just because ‘shock' in its nature is capable of affecting so wide a range of people, a real need for the law to place some limitation on the extent of admissible claims…” (Per Lord Wilberforce in McLoughlin v O'Brian [1982] 2 All ER 298)...

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Tort Caparo V Dickman

Caparo v Dickman [1990] 1 All ER 568 has effectively redefined the ‘neighbourhood principle' as enunciated by Lord Atkin in the case of Donoghue v Stevenson [1932] AC 562....

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The Breach Of A Legal Duty

Negligence may be defined as ‘the breach of a legal duty to take care that results in damage undesired by the defendant to the claimant'. Negligence is an independent tort, which was established by Donoghue v Stevenson. Following Donoghue v Stevenson there was little development of the duty concept until...

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Negligence Damage Injury Tort Law

In order for a claim of tortuous liability in negligence to be actionable, primarily, certain fundamental pre-requisites need to be established in each case respectively. The requirements of the modern tort of negligence were stated by Lord Wright in, Lochgelly and Coal Co ltd v McMullan, as being, i) the...

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Action For Negligence

In regards to Tim actions, I will be advising Tim on whether he is liable for the damage caused to Peter and Sanjev....

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Reflects Respect For The Right To Liberty

(1) An important qualification, which very much reflects respect for the right to liberty, is the requirement which applies to all normal arrest powers that they can only be exercised if some for of "reasonable suspicion" is first established. The precise meaning of this term is rather vague, but it...

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The Duty Of Care

The duty of care arises in the tort of negligence, a relatively recently emerged tort. The general principal is that you should not harm those people to whom you owe a duty of care by your acts of omissions. If you fail in the standard of care owed, you will...

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Tort Is A Civil Wrong

Based on the website, (http://www.investorwords.com/5004/tort.html ) a tort is a civil wrong other than a breach of contract. The civil wrong means that any wrong done by citizens or person who may be unintentional, which results to damages such as death, personal injury, property damages, nervous shock or any consequential...

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Negligence Is The Omission

Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. Until 1930 the British Courts did not recognize the general duty in tort...

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An Act Committed Without Mens Rea

Mens rea, a guilty mind or intent; usually one of the essentials of a crime. Mens rea is only one of two components of a crime, the other being the actus reus. The actus reus looks at the physical component of a crime, whereas the mens rea looks at the...

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Contract And Tort Law

According to Hodge, “A negligently made statement may have far-reaching effects” (2004, pg41)....

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Unlawful Detention Of Alex Mendez

(1) Is Jmart is liable for the false imprisonment and/or unlawful detention of Alex Mendez (herein referred to as “Mendez”)? (2) Did Jmart have reasonable grounds to detain Mendez?...

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Foresee Ability Court

The fact in Donoghue V. Stevenson was that the appellant drank a ginger beer that was bought by her friend in a café and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating...

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Tort Of Negligence

The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In many cases there will be a contractual relationship (express or implied) between the...

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Wrong Tort Law Is The Law

The word `tort' is derived from the latin word `tortus', meaning a `wrong'. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation....

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Tort Is The Branch Of Law

A tort is the branch of law which provides redress of a legal wrong. The general rule is that where there is no duty of care, there is no right to claim, “Negligence as a tort is a breach of legal duty to take care which results in damage to...

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Woldshire County Council

The scenario raises the question if Woldshire County Council (WCC) is in breach of a duty, and how to advise Julie accordingly in legal proceedings. WCC must be found to have acted negligently for liability to arise. According to Winfield, ‘negligence as a tort is a breach of a legal...

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Tort Negligence Shock

In order to advise the claimants on whether they should successfully pursue a claim for negligence, the following issues need to be considered. What is tort, what is negligence, and what is nervous shock? ...

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What Is Tort Law

Tort Law is basically about responsibility....

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Notes On Presentation

The objective of the presentation is to explain and provide an overview of the remedy for damages related to the three grounds for tort which is negligence, trespass and nuisance. There will be five sections: 1) An introduction to the law of tort will be discussed and followed up with...

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What Is The Difference Between Law Essays

EVALUATE THE POSSIBLE DEFENCES FOR BOTH ACTIONS....

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Tortuous Negligence Liability

In order to advise the claimants whether they should successfully pursue a claim for negligence following recent events, the subsequent issues need to be considered. What is tort? What is negligence? And last of all what is nervous shock? ...

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Tort Liability For Premises

In law, the tort liability for premises explains that land owners had no liability to other persons who were being accidently hurt or injured while passing in, through or over their land. This section of law describes the duties imposed by the law of tort on occupiers in relation to...

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The Recovery Of Compensation

This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted “nervous shock” in the context of the above statement by Lord Steyn. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided...

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