General Tortious Liability Comparing And Contrasting
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NORTHERN REGIONAL COLLEGEHND BUSINESS 2012/13
Common Law I Assignment 2
Tort Law Task 3
Describe general tortious liability comparing and contrasting this to contractual liability
Definition of Tort: According to Prof. P H Winfield, Tortious Liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages.
Sir John Salmond defined Tort as a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation.
Fraser: A tort is an infringement of a legal right in rem of a private…show more content… In contrast, tort laws govern situations where one person has harmed or injured another person. Tort laws cover violations where the party intentionally harmed the other person, such as in a battery claim. Tort laws also address incidents where the party may be held liable even if they did not act intentionally, such as in negligence claims or strict liability claims. Tort laws usually result in the liable party paying the victim monetary damages to compensate for their losses.
Both attract damages and some other remedies, for example injunctions. You may get more damages if sue in Tort, it will depend on the case.
Explain what is meant by negligence and how an employer could be found liable in negligence
Negligence is a common law tort, which has been developed though case law. Despite being a modern tort it is the most common. In order to prove liability in Negligence the claimant must show, on the balance of probabilities, that the defendant owed a duty of care, breached that duty by failing to meet the standard of care required and as a result the claimant suffered loss or damage which is not too remote.
According to Jay M. Feinman of the Rutgers University School of Law;
"The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people." [Fainman 2010]