Basic Features A tort suit enables the victim of a wrong to seek a remedy from the person who injured her. Moreover, a successful tort suit results in a judgment of liability, rather than a sentence of punishment. Such a judgment normally requires the defendant to compensate the plaintiff financially.
Search Basic Principles of Tort Supported by Case Law Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought.
In order to achieve this end, the essay will pay particular attention to the salient elements he has to establish in the area of law identified, if at all he is to succed in his claim.
The essay will conclude by looking at the likely difficulties Changwa may encounter in succeeding in his claim in the event that he was to bring an action. The advice will be with the aid of decided cases where necessary.
Area of Law and the Potential Defendant. In view of the facts given in this case, the name of the area of law under which Changwa can bring an action is in the tort of negligence. Accordingly, he must bring this action firstly against the pub manager for the cockroach found in the food.
Secondly, the action must be brought against the manufacturers of the red wine. This is so because the pub manager is merely the retailer with no opportunity to temper with the contents of the red wine.
The law of negligence dates back as far as when Lord Baron Alderson in Blyth v Birmingham Water Works Company gave a simple and precise definition of what constitutes negligence in the following terms; 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.
It follows therefore that negligence consists of either an act or omission on the part of the defendant. It is trite law that the tort of negligence has three essential elements, which any claimant must prove in order to succeed in his action against the defendant. These three elements are existence of duty of care owed to the claimant, breach of such duty of care by the defendant and lastly the resulting damage to the claimant arising from the breach of the duty of care.
Each of the above elements of the tort of negligence will now be discussed in turn. Existence of duty of care It is now settled law that there exists no all embracing duty owed to the whole world in all circumstances.
However, the determining issue is whether a duty of care existed and whether it was owed to the particular plaintiff. The basis of the law of negligence is that the defendant owes the plaintiff a duty of care. It must be mentioned that the duty owed to a claimant is not imposed by contract but is one imposed by the law.
The modern law as regards this aspect of the law of negligence was extensively canvassed in the celebrated case of Donoghue v Stevenson where the House of Lords were confronted with the general question of whether a manufacturer owed a duty of care to the ultimate consumer of his products and they proceeded to hold that he did.
In that case, the plaintiff became ill after drinking ginger beer from a bottle which contained a decomposing snail in it. She had not bought the daring herself, so she was unable to rely on a breach of contract. In this regard, she sued the manufacturers of the beer under the tort of negligence, claiming that they owed her a duty of care.
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question This test has been criticised as being too wide but it made it easier for lawyers to argue that there should be liability for negligently causing harm in new situations.
Similarly, in Anns v Mertonthe court had the following to say concerning the duty of care; In order to establish that a duty of care arises in a particular situation, it is not necessary to bring the facts of that situation within those of previous situations in which a duty of care has been held to exist.
Rather the question has to be approached in two stages.Chapter 1 - Tort - Basic principles. STUDY. PLAY.
What does tort mean? "Wrong". What is tort in English law? A civil wrong. Who is the tortfeasor? The person who has committed the tort. How is tort distinguished from other types of civil law? The parties do will not necessarily have a . The tort of negligence Relevant to LW-ENG and LW-IRL If there’s one area of the Corporate and Business Law syllabus that students appear to struggle with, it’s the tort of negligence.
The basic way to establish proof of negligence is by providing evidence in support of the claim. Here is how evidence works in a negligence case: Direct Evidence: First hand personal accounts of the events in question from witness testimony, video, photo or document pertaining to the event in question.
Many of the basic principles of tort law are centuries old. Although some of the terms used to define torts – such as assault and battery – are also used in criminal statutes, they are civil wrongs when a victim files suit and asks the court to award money damages.
The advice will be with the aid of decided cases where necessary. Area of Law and the Potential Defendant. In view of the facts given in this case, the name of the area of law under which Changwa can bring an action is in the tort of negligence.
Accordingly, he must bring this action firstly against the pub manager for the cockroach found in the food. Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance, negligence or strict liability.1 The rules of Tort law in India were introduced under British rule.