Tort Law Essays
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A Law of Tort Problem Question
Example essay. Last modified: 17th Dec 2020
Negligence is one of the areas of tort upon which an injured individual can claim compensation for damages when another party is liable for damages caused....
A Liability in Negligence Case Study
Example essay. Last modified: 9th Jul 2019
For an defendant’s liability in negligence to exist, the claimant must show the defendant either did something, that led to him suffering a harm....
Action for Negligence
Example essay. Last modified: 2nd Jul 2019
In regards to Tim actions, I will be advising Tim on whether he is liable for the damage caused to Peter and Sanjev....
Actions for Damages in Private Enforcement
Example essay. Last modified: 3rd Jul 2019
The case of Devenish is primarily an action for damages; however, the case has a much more significant impact than can be comprehended from the judgment alone....
An Act Committed without Mens Rea
Example essay. Last modified: 3rd Nov 2020
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....
Analysis of the ‘Rule’ in Rylands v Fletcher (1868)
Example essay. Last modified: 16th Aug 2019
The case of Transco v Stockport 2003 is important as it represents the most recent and only attempt to analyse the rule in Rylands v Fletcher (1868)....
Breach of Duty of Care
Example essay. Last modified: 28th Apr 2021
Breach Of Duty Of Care. Chris may have a contractual claim as well as a tort claim under the principle in Donoghue v. Stevenson(1) where Lord Adkin formulated the 'neighbour principle'....
Canadian Defamation Laws
Example essay. Last modified: 10th Jun 2021
According to the Canadian Charter of Rights and Freedoms, the freedom of press or self- expression is safeguarded by Section 2 of the Canadian constitution. Section 2 of the Canadian constitution asserts that “Everyone [has] the fundamental freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication” (Media Law). ...
Claim in Negligence: Police and Ambulance Services
Example essay. Last modified: 23rd Nov 2020
The claim that is before us today involves an action against the police for failing to answer an emergency call with sufficient competence....
Claims for Psychiatric Damage by Secondary Victims: Areas for Reform
Example essay. Last modified: 5th Jul 2019
This report examines psychiatric damage claims for secondary victims, who face restrictive controls which have limited the amount of meritorious claims significantly....
Courts Have Developed and Limited Law for Psychiatric Victims
Example essay. Last modified: 2nd Jul 2019
This report examines the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims...
Defamation is the Publication of a Statement
Example essay. Last modified: 3rd Jul 2019
Defamation also called calumny, vilification, slander and libel is the communication of a statement......
Determining if a duty of care exists in a situation
Example essay. Last modified: 21st Jun 2019
TORT COURSEWORK This essay aims at critically analysing some circumstances that the courts are likely to take into account when determining if a du......
Do We Need a More Stringent Approach to Whiplash Claims?
Example essay. Last modified: 25th Jun 2019
This assignment examine the legal principles of claims for whiplash and discuss current problems with the law, and solutions for the problem....
Doctrine of a Duty of Care
Example essay. Last modified: 9th Oct 2019
The word tort is derived from the French word of the same spelling which means mischief, injury, wrong, or calamity from the Latin tortus meaning twisted....
Does the Issue on Breach of Duty Favor Both Parties?
Example essay. Last modified: 7th Aug 2019
The scope of this text is to critically assess if the issue on breach of duty sufficiently favors both parties or if indeed time has come for further reforms to be put in place. ...
Does the Law of Defamation Protect the Media’s Role as a Public Watchdog?
Example essay. Last modified: 11th Jun 2019
This study will critically analyse and evaluate the types of defamation and then move on to explain the elements involved in defamation....
Donoghue v Stevenson
Example essay. Last modified: 3rd Jul 2019
Donoghue, a Scottish dispute, is a famous case in English law which was instrumental in shaping the law of tort and the doctrine of negligence in particular....
Duty of Care Test in Caparo v Dickman
Example essay. Last modified: 2nd Dec 2023
An investigation of tests to determine the existence of a duty of care with case examples demonstrating rulings on duty of care....
Duty of Utmost Good Faith
Example essay. Last modified: 2nd Jul 2019
Duty Of Utmost Good Faith; Avoidance As A Discretionary Right...
Ethan Belcher Negligence Case Study
Example essay. Last modified: 7th Aug 2019
Ethan’s mother argued the school system was negligent in ensuring her son’s safety at school. First, for allowing hazardous chemicals to spill on the floor, second, for failing to train custodians in the proper handling and storage of chemical agents and finally, that the school nurse failed to examine and identify the student’s injuries....
Foresee Ability Court
Example essay. Last modified: 27th Nov 2019
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....
Glencar Exploration p.l.c. v Mayo County Council | Analysis
Example essay. Last modified: 17th Dec 2020
This essay aims to show that although the decision of Glencar succeeded in limiting the expansion of the duty of care, it did not halt it completely. ...
History of the Tort of Vicarious Liability
Example essay. Last modified: 11th Jun 2021
The following paper shall investigate the origins and development of the tort of vicarious liability. In doing so it shall provide an analysis for the usage of the legal terminology in an effort to produce distinctions....
How is Negligence Determined?
Example essay. Last modified: 27th Nov 2019
Negligence can be described as the carelessness in everyday terms or failure to take the proper level of care....
Impact of Defamation Laws
Example essay. Last modified: 7th Aug 2019
The current defamation laws in Australia aims to protect and balance reputation and freedom of speech of individuals in the society. These current laws have been thoroughly investigated on how fair the outcomes they provide are to the key stake holders; the law, plaintiff and defendant....
Investigating Tort Reform
Example essay. Last modified: 4th Nov 2020
For this question I have decided to investigate Tort reform. Tort law is designed to provide full compensation...
Issue of the Tort of Negligence
Example essay. Last modified: 2nd Jul 2019
The problem-solving question addresses the issue of the tort of negligence. What is tort then? Winfield states, “Tortious liability arises from the breach...
Issues of Causation
Example essay. Last modified: 25th Jun 2019
Issues of causation. Causation deals with the defendant's action, without which the result would be nonexistent. The conduct must be the 'sine qua non'. In Dalloway (1847) the question was whether the accident would have occurred even if....
Jameel v Wall Street Journal Europe (2006)
Example essay. Last modified: 15th Jun 2019
Was journalism freed from the shackles of defamation law? What should a journalist learn from this case? The relaxation of newspaper libel rules....
Law of tort in establishing negligence
Example essay. Last modified: 21st Jun 2019
This paper advised Cheryl as to whether or not the identified parties (Swansea Sprites, Danni and Simon) have acted (or indeed failed to act) in ......
Law of Torts
Example essay. Last modified: 4th Nov 2020
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...
Legal Action on Behalf of Tom
Example essay. Last modified: 27th Jun 2019
Tom was knocked down by Jim and subsequently has died later. Hence, Tania (Tom’s wife) (or his Estate) may bring a legal action on behalf of Tom against Jim under the tort of negligence....
Legal Method and Reasoning Assignment
Example essay. Last modified: 18th Aug 2022
I believe the court came to the correct decision. The judges do not discount the employer’s general duty of care, but qualify that risks must be reasonably foreseeable for liability in tort negligence to apply....
Liability in Negligence
Example essay. Last modified: 27th Jun 2019
Liability in Negligence. Then Ruth's father died she cleared his personal possessions from his house. She found a painting in the attic, which she took along to the BBC's Antiques Road Show when it visited her town....
Making Claims for a Personal Injury
Example essay. Last modified: 27th Jun 2019
The material facts of the case are: The claimant, Mrs Millward, a school teacher at Northfield and Thornbury school is making claims for a personal......
Manufacturer Liability: Harm to ‘Ultimate Consumer’
Example essay. Last modified: 2nd Jul 2019
This case study concerns the liability of a manufacturer of a product for harm which is suffered by the “ultimate consumer” of that product....
Negligence & Injury Compensation
Example essay. Last modified: 27th Jun 2019
Negligence & Injury Compensation. An action in negligence, derived from the law of tort, is compromised of five constituent parts. It is necessary to establish a case for each element before a conclusion can be drawn as to primary......
Negligence as a Tort
Example essay. Last modified: 2nd Dec 2023
Negligence as a tort is a breach of a legal duty to take care which results in damage undesired by the defendant to the plaintiff....
Negligence Formula is Unfair to Claimants
Example essay. Last modified: 24th Nov 2020
The negligence formula is unfair to claimants as it places too many obstacles in the way of obtaining compensation for personal injuries. England & Wales should adopt an alternative system of redress to allow claimants to obtain the compensation they deserve...
Negligence in Employment: Protective Equipment
Example essay. Last modified: 15th Aug 2019
The performance of the duty can be delegated to a third party but responsibility for its negligent performance and consequent liability cannot....
Negligence is the Omission
Example essay. Last modified: 25th Jun 2019
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....
Negligence Law Emanates From the Law of Tort
Example essay. Last modified: 12th Aug 2019
Negligence in Malaysia Negligence law emanates from the law of tort. In any negligence action, the essential ingredients that should be present are......
Potential Liabilities of Harrington & Nephew Ltd.
Example essay. Last modified: 3rd Jul 2019
The foremost cause of action against Harrington arises in the tort of “nuisance”- commonly defined as “interference for a substantial length of time by owners or occupiers of property with the use or enjoyment of neighbouring property”....
Principle of Negotiability of Negotiable Instruments
Example essay. Last modified: 27th Jun 2019
Is the principle of negotiability of negotiable instruments still relevant to modern international trade finance law, or has been displaced by the electronic revolution and/ or the dematerialisation of negotiable instruments....
Proving a Breach of Required Standard in Medical Negligence
Example essay. Last modified: 26th Feb 2021
A claimant seeking damages in negligence for a loss sustained in the course of medical treatment has several high hurdles to surmount....
Psychiatric Injury Claims in Tort Law
Example essay. Last modified: 7th Jun 2019
Psychiatric injury is a newly developed, incremental extension of the law and therefore has to be addressed separately....
Pure Economic Loss
Example essay. Last modified: 21st Sep 2021
Pure economic loss is financial damage suffered as the result of the negligent act of another party which is not accompanied by any physical damage to a person or property....
Reasons Why Omissions Require Different Treatment From Positive Conduct
Example essay. Last modified: 3rd Jul 2019
In Stovin v Wise, Lord Hoffmann put forward three ‘sound reasons’ that justified the general common law rule against liability for omissions...
Serving as a Soldier in the Employment
Example essay. Last modified: 3rd Jul 2019
Higgins, a serving solider in the employment of the Ministry of Defence ('MOD'), was on active duty in Afghanistan in 2009. One day, he was on......
Sports Injury Law
Example essay. Last modified: 27th Nov 2019
Sports Injury Law. In order to analyse and give advice to the issues raised in our question we must consider the law of tort and the criminal law along with the relevant case law in regards to sports/sports activities and whether an injured player is entitled to compensation for the injuries suffered from an act of participator violence......
That Law in Claims of Negligence: Court Positions
Example essay. Last modified: 2nd Jul 2019
To prove that a duty of care existed the claimant must show the defendant owed them a duty of care in respect of the type of damage which was suffered....
The Breach of a Legal Duty
Example essay. Last modified: 3rd Jul 2019
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’....
The Compensation Act 2006 and the Culture Created
Example essay. Last modified: 3rd Jul 2019
Within tort law to establish if the compensation act 2006 has done little to address the problems of the compensation culture firstly it is ......
The duty of care
Example essay. Last modified: 9th Oct 2019
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....
The Gig Economy: Uber's Legal Responsibility
Example essay. Last modified: 4th Dec 2020
Like all new technology companies, Uber has had some legal issues that need to be addressed and rectified....
The Law of Negligence to Deal
Example essay. Last modified: 26th Feb 2021
With The Aid Of Case Law, Discuss And Apply The Law Of Negligence To Deal With Miss Fortune’s Claim For Compensation For Her Injuries....
The law of passing off: Intellectual property rights
Example essay. Last modified: 17th Jun 2019
Copyright is a form of intellectual property right which creates, for the owner of the copyright, propriety rights in the things they have created....
The Law of Torts
Example essay. Last modified: 3rd Jul 2019
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...
The Neighbour Principle in Tort Law
Example essay. Last modified: 2nd Dec 2023
Does the neighbour principle enunciated by Lord Atkin in Donoghue v Stevenson provide an adequate basis on which to resolve duty of care questions in the law of negligence?...
The Recovery of Compensation
Example essay. Last modified: 2nd Jul 2019
The Law On The Recovery Of Compensation For Pure Psychiatric Harm Is A Patchwork Quilt Of Distinctions Which Are Difficult To Justify, Lord Steyn, Frost V Chief Constable Of South Yorkshire Police [1999]2 AC 455 1T 500....
The Tort of Negligence
Example essay. Last modified: 20th Sep 2021
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....
Theoretically Consent is Available to Murder
Example essay. Last modified: 2nd Jul 2019
Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for any......
Tort and Negligence Duty of Care Law
Example essay. Last modified: 26th Feb 2021
Tort and Negligence Duty of Care Law. The elements of negligence are duty of care; breach of that duty of care; causation, i.e. a causal link between the individual's injury or property damage; and actual damage either to a person or to property......
Tort is the Branch of Law
Example essay. Last modified: 23rd Nov 2020
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...
Tort Law and the Human Rights Act
Example essay. Last modified: 17th Feb 2021
The current view is that claims in tort law and for breach of human rights under the ECHR, may arise on the same facts, but, following the introduction of the HRA, have ‘separate spheres of operation’. ...
Tort Law Civil Wrongdoings | LawTeacher
Example essay. Last modified: 26th Feb 2021
Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations ...
Tort Law is a Law of Wrongs
Example essay. Last modified: 4th Nov 2020
Tort law is a law of wrongs. The term tort entails wrong.[1] According to John (2005), Before tort was identified as a legal category in its own right, torts were known as private wrongs...
Tort Law is Law of Wrongdoing
Example essay. Last modified: 4th Nov 2020
Tort Law’ is the law of wrongdoing. The basis of tort law is to enable a person who has been wronged to ask for compensation....
Tort Law Must be Established
Example essay. Last modified: 2nd Jul 2019
For damages to be claimable in tort law it must be established that the Defendant owed the claimant a duty of care, that the duty was breached and that this breach of duty caused the claimant some harm....
Tort Law Negligence Breach Cases
Example essay. Last modified: 3rd Jul 2019
Tort Law Negligence Breach Cases. A water company having observed the directions of the Act of Parliament in laying down their pipes, is not responsible for an escape of water from them not caused by their own negligence....
Tort Law Negligence Problem Question
Example essay. Last modified: 27th Jun 2019
The defendant must owe a duty of care in relation to the general class within which the plaintiff and the type of damage that has arisen...
Tort Negligence Shock | Free Tort Law Essay
Example essay. Last modified: 21st Jun 2019
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?...
Tort of Negligence Damage and Injury
Example essay. Last modified: 2nd Dec 2023
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....
Tort of Negligence in Medical Care: A Case Study
Example essay. Last modified: 9th Oct 2019
In the case it was found any action that has been taken, would take reasonable care to prevent injuries to persons that could be foreseeable claimants....
Tortuous Negligence Liability
Example essay. Last modified: 2nd Jul 2019
Tortuous Negligence Liability....
Vicarious Liability in Tort Law
Example essay. Last modified: 21st Sep 2021
Vicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself....
WHAT IS THE DIFFERENCE BETWEEN LIBEL AND SLANDER?
Example essay. Last modified: 25th Jun 2019
EVALUATE THE POSSIBLE DEFENCES FOR BOTH ACTIONS. The right of free speech has long been considered an important one in democratic societies, but......
What must be established to prove a ‘breach of duty of care’?
Example essay. Last modified: 11th Jun 2019
This essay will explore the factors that must be established when proving a breach of duty of care in tort law, looking at different healthcare and non- healthcare cases. ...
Who is Liable for Torts of Pranksters on YouTube?
Example essay. Last modified: 23rd Nov 2020
This essay will analyse duty of care implications related to foreseeability, relational proximity with an emphasis on policy considerations to limit the scope of indeterminacy. ...
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