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Write a 8 page essay on Tort , Discuss the issues of tortious liability in this scenario.Download file to see previous pages... These unfairness outcomes in a wrong or detriment, form the foundation o
Write a 8 page essay on Tort , Discuss the issues of tortious liability in this scenario.
Download file to see previous pages...These unfairness outcomes in a wrong or detriment, form the foundation of a wrong toed alliance. A tortuous liability is related to the duty of care and negligence of that duty, with respect to persons with whom there is no contractual liability. For example if a property owner fails to maintain proper safety standards on his property and a passerby is injured by something falling from the roof, the property owner is liable for the damages to that person even though there are no contractual obligations between them. A person who commits a tort is known as a tortfeaser, or wrong doer. Where there are more than one, they are called joint tortfeasers. Their wrong doing is called a tortuous act and they are liable to be sued jointly and severally. The person who suffers the injury or damage is called the injured or aggrieved. The tort law’s primary objective is to offer assistance for damages incurred. Its aim is compensation of victims or their defendants. Capacity, loss of earnings and pain are the damage types. Objectives of Law of Torts To determine rights between parties to a dispute. To prevent the continuation or repetition of harm To protect certain rights recognized by law To restore property to its rightful owner where property is wrongfully taken away. Torts are categorized into three major classes: 1. Intentional torts. An example is intentionally beating up someone 2. Negligent torts. An example would be disobeying traffic laws and causing an accident 3. Strict Liability torts. An example would be defective product’s selling and making. The law of tort is used as an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another. A protected interest gives right to a legal right, which in turn gives rise to a corresponding legal duty. An act, which infringes a legal right, is a wrongful act but not every wrongful act is a tort. To constitute a tort or civil injury the following must have taken place:- There must be a wrongful act or omission The wrongful act or omission must give rise to legal damage or actual damage The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages. The discussion is on two scenarios, PC Nosey Parker and Romulus PLC. It will centre around tortuous liability specifically negligence tort. Negligence is the failure to use ordinary care through either action or omission. It occurs when somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances. It also occurs when somebody does something that a reasonably careful person would not do under the circumstances. PC – Nosey Parker Tort Liability Case Background: PC Nosey Parker inherited ? 2.9m from his Arsenal supporting grandmother. He is a worker for Essex based in Billericasy. On April 1 he witnessed A &. B robbing an old lady. The following happened. He manages to arrest A and handcuffs him to a weak pole attached to the door of the shop. He goes after B and returns to take A to the Police Station, in the process he carelessly pulls off the weak pole which falls and injures the foot of a passerby Alf a premier Division football player. As a result of the injury Alf is able to play for his club for 2 months. Alf’s club can only sell him for ?1m instead of ?2m before his injury Alf’s club loses ?20,000 in ticket sales during the 2 months absence of Alf.
