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Introduction of Law of tort
The Law of tort defines the unlawful wrong to the persons, for these wrong conducts some legal damages are also available in this law. legal remedies and injunctions, many more are provided to the plaintiff. It is a civil wrong in law. This report explains the meaning, scope, and purpose of the law of tort in the first part. Meaning, scope, extent and major purpose, objectives are discussed in this report. After this, in the second part, some major elements or main components of the law of tort are explained briefly in this report that is related to negligence. At the end of the report, a cogent discussion is provided regarding legal research for issues occurring in the law of tort. Some main steps are also suggested in the report for conducting effective research and obtaining an appropriate solution for the problem.
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LO1 Meaning, scope, purpose of law of tort.
Meaning:
Under the law of tort, the word tort is resultant from the Latin word Tortum means To Twist. It is also asserted as unlawful. A tort is a civil incorrect for which a person can pay unliquidated damages. These kinds of damages are decided by the courts, not by the parties. A tort is a civil wrong and it is dissimilar from breach of contract or breach of trust. For the law of tort, relief can be received in the form of damages or an injunction. (Goldstone, 2021). The tort has occurred when one party reasons some harm to another due to negligence, sloppiness, or in other ways. Under this law party who sues is known as the plaintiff and the person who issued is known as the defendant. Under the tort law the physical, mental, and loss of property, fiscal losses are included. The principle under this law can be explained as every person has some certain welfares which are protected by law. a tort can be considered as an act of oversight or command which causes damage to the lawfully protected attention of an individual. The remedy under this law is an action for unliquidated damages. (Chutkow, 2021)
Purpose
The chief objective or purpose of this law is to render protection to the person who has suffered injuries under the law of tort. The loss can be distributed under this law. it is considered that under the civil law damages such as damages and in criminal law it is as punishment. Under the tort law, the damages are paid to the plaintiff at the expenditures of the defendant (Goldstone, 2021). Many writers believe that the law of tort aims to punish than to compensate. There is a common element in crime and tort is of violation of general duty. The main objective of this law is to punish the wrongdoers and enhance peace in society.
Scope
The Law of tort is the branch of civil law. the word offense is derived from the word Tortum means twisted or crooked or wrong. It can be considered conduct that is not right or straight and it is unlawful. The tort is a civil wrong for which a person gets some unliquidated damages (Goldstone, 2021). These damages are decided by the court, not the parties. It is a civil wrong and considered an infringement of a right in rem. It is also a private wrong. This law protects the personal interest of persons and the integrity of judicial procedures. It also protects the economic interest. This law provides a system under which people are made accountable for their wrong actions while discouraging others from doing the same. Under this law plaintiff can get compensation for his losses, pain or suffering, earning capacity, and medical expenditures. There are mainly three types of torts deliberate torts, negligence, and strict obligation.
LO2 Key elements of the tort of negligence
There are mainly three elements that constitute the tort such as wrongful action or omission and Duty imposed by law. simply tort is a civil wrong. When one person commits an act and due to which another person's legal rights get injuries this can be termed as a tort. Omission to perform any action when it creates injuries or harm to another is also treated as a tort. Under this law, the person who commits the tort is called a tortfeasor. (Sloan, 2018). It is very necessary to claim damages under this act is to show the injury occurred due to direct cause of acts committed by the tortfeasor. The law of tort is not codified law. there are some major elements of the law of tort as:
- There should be a duty of sensible care to be observed for others.
- Wrongful conduct or oversight of an act.
- Due to some wrongful act or omission, some damages or infringement occur.
- Remedy
Existence of duty of care
According to the law, there is a duty of reasonable care is imposed on every person who conducts any act which may possibly cause harm to another being. Before filing a suit under this law, it is must observe whether there should be a reasonable duty of care is followed by the party or not. The injured party and tortfeasor do not need to have a straight joining for the duty of care. (Goudkamp, 2022).
Wrongful commission or omission of an act
Under this law, the recognition of activities whether it is wrongful or not is considered a necessary element to constitute a tort. Any act that violates the law can be considered a illegal act. Moral incorrect cannot be considered as legal wrong. It is also mandatory for being a illegal act is cause real harm or injury to another person.
Actual damage or legal injury
Under the law of tort, there is no liability arising, and damages cannot be claimed until there is no actual harm or loss or injury of legal rights of a person. There are two popular maxims are explained regarding this as injuria sine damno and damnum sine injuria. These are the kinds of damages and wounds that are considered as an element of the law of tort. The first maxim elaborates as injury without any injury means a person gets an only injury and there are no damages for this. The second maxim is explained as damages without legal injury. In this actual loss is hurt by party but there is no infringement of lawful rights means until there is no legal wound the gathering has not authorized to claim damages. (Chen, 2021)
Remedy
This law explains as where is wrong existed there is the remedy. There are certain forms of legal rights such as compensations, specific restitution of property, commands that are provided by the courts. The court only provides these remedies when there is proper satisfaction for arising of liability. (Lemann, 2019).
So, these abovementioned elements are the major elements of the law of tort without these the liability, remedy and damages cannot be identified. (Abraham, 2021).
LO3 Ability to conduct legal research under tort law and cogent discussion
Some main steps should be taken out for conducting effective legal research as identifying the legal proposition for conducting research, consider the primary and secondary data. First of all, make a research plan then consult with primary and secondary data and information after that analyze, observe the results. legal research is generally explained as a procedure for determining a legal question. (Hagland, 2019) The main aim of conducting the research is to find out an authority that will help the legal problem in question. There are some steps for conducting the legal research as identifying the legal propositions, referring to the primary and secondary resources, examining the authorities regarding the resources, and at the end examining the collected resources. (Goldstone, 2021).
These steps are necessary for any effective legal research. The most important step is to identify the research problem or issue. The data can be collected in two major ways as quantitative and qualitative resources. Some factors must be considered while collecting the data as deciding the kind of information or data that is required to collect, in what manners collected data is to be utilized, setting the expected results, in what ways results helps in research. In tort, law researchers must use these abovementioned steps for legal research. Many legal injuries occurred due to the infringement of the legal rights of a person. Under the law of tort issue or problem is detected and for resolving that issue some main elements of the tort are identified in the issue. After this identification related authority is also to be found for the issue, then the issue is to be referred to that authority and the most appropriate solution is to be referred to the issue. (Goudkamp, 2022)
In this manner, any issue or problem that occurred under the law of tort is to be treated and research should be made according to the abovementioned steps of legal research. It is also explained as a cogent report. (Goldstone, 2021)
Conclusion
The abovementioned report describes the meaning, scope, and purpose of the law of tort. The basic of the major elements of the tort law is also explained in the report. The report also describes the main elements of the law of tort that are necessary for constituting the tort under the law and some remedies and solutions are also provided in the report. The end part of the report also represents a cogent discussion about the research for the issue regarding the law of tort. In this manner, the report explains the basic elements, meaning, scope, and purpose of the law of tort.
References
Abraham, K.S., 2021. The Long-Tail Liability Revolution: Creating the New World of Tort and Insurance Law. University of Pennsylvania Journal of Law and Public Affairs, 6(3), p.1.
Chen, Z., 2021. Tort conflicts rules in cross-border multi-party litigation: Which law has a closer or the closest connection?. Maastricht Journal of European and Comparative Law, 28(5), pp.626-647.
Chutkow, A.M., 2021. The Federal Tort Claims Act and the Application of Local Law. Denver Law Review, 33(6), p.321.
Goldstone, B., 2021. The Barrie guide to the law of contract 2021-2022. Volume 1.
Goudkamp, J., 2022. From strict liability to fault liability in the law of torts. Journal of Professional Negligence.
Goudkamp, J., 2022. From strict liability to fault liability in the law of torts. Journal of Professional Negligence.
Hagland, B., 2019. From Aristotle’s ?Arithmetic Proportion’to Ménage-à-trois–Anglo-American Justice Theories in the Context of Norwegian Tort Law. Oslo Law Review, 6(2), pp.78-89.
Lemann, A.B., 2019. Autonomous vehicles, technological progress, and the scope problem in products liability. Journal of tort law, 12(2), pp.157-212.
Sloan, A.E., 2018. Basic legal research: Tools and strategies. Wolters Kluwer.
Stoyanova, V., 2020. Common law tort of negligence as a tool for deconstructing positive obligations under the European convention on human rights. The International Journal of Human Rights, 24(5), pp.632-655.
Tanyildiz, A., 2018. Kindred Erroneously Extended the Scope of the Federal Arbitration Act to Govern Tort Claims. Loy. L. Rev., 64, p.483.
UDOBANG, C.P., DESCRIPTION OF THE LAW OF TORT AND ITS APPLICATION TO HEALTH CARE.
