conclusion for tort law essay

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Three Essays on Torts

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These essays champion tort scholarship that puts the judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the ‘living’ and ‘evolving’ common law. This is ‘reflexive tort scholarship’. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for ‘Grand Theories’ that descriptively assert that tort law is fundamentally ‘all about one thing’, a unifying idea that alone explains and justifies the whole of tort law. The book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates various key features of tort law. Essay 2 identifies a principle of tort law (the ‘cooperative principle’) that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law—that based on the famous case of Hedley Byrne v Heller . Essay 3 deploys the reflexive method to argue that the iconic ‘but-for’ test of factual causation is inadequate and narrower than the concept actually utilised in the cases. Application of the method also prompts a reassessment of the ‘scope of duty’ concept and of the appropriate characterisation of the much-discussed decision in SAAMCO . These essays clearly demonstrate the value of scholarship that ‘takes the judges seriously’.

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Tort Law Essays

Under what circumstances is it desirable for the court to impose punitive damages? Do you think it would be correct to impose punitive damages on BP for the Deepwater Horizon oil-spill?

Should courts ever award exemplary damages and why? Should the benefit of such awards accrue to the benefit of the claimant suffering this wrong?

Psychiatric Injury

Psychiatric injury is equally serious as physical injury. Therefore, the duties of care owed in respect of psychiatric injury should be the same as those owed in respect of physical injury. Discuss.

Should there be special tests of causation to deal with injustices?

Breach of Duty

The law on breach of duty in negligence can be reduced to a simple principle: the defendant will be said to have breached its duty of care where the expected benefits of taking a precaution outweigh the costs of doing so. Discuss.

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Tort Law, Essay Example

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Introduction

In criminal law jurisdictions, tort laws occur as civil wrong and they deal with instances where an individual acts or behaves unfairly. This causes another person to suffer harm or losses. Though torts do not occur as legal acts, they lead to harm. Most legal jurisdictions allow the harmed person to recover their losses. Tort laws differ from criminal laws, which address situations where a person’s actions lead to harm or losses to the society. Any person claiming to have suffered harm or losses after litigating can claim tort. Torts laws also differ from equity, where the petitioner complains for a violation of right. Delicts occur as equivalents of torts. In addition, torts can be considered as personal injury or civil action.

Identify Potential Tort Risks Addressed In The Video. Classify The Type of Each of These Torts, For example Negligence And Strict Liability.

People who have suffered these acts can receive compensation for damages. These compensations are usually in monetary form. Tort laws crucially define legal injury and determine the eligibility of an individual to receive compensation for the injury. Legal injuries include physical injuries and other injuries such as reputational, emotional and economic injuries (Buckley, & Okrent, 2004). They also include violations of property, privacy and constitutional rights. Therefore, tort laws comprise auto accidents, defamation, false imprisonment and product liability. Usually, negligence occurs as a prominent tort liability. Tort laws allow compensation in case the injured person can prove that the person causing the injury acted negligently. This person should show that the other person acted without reasonable care to avoid injuring other people. Tort laws recognize intentional torts, where an individual acted intentionally to hurt others. Quasi-tort or strict liability allows recovery following certain circumstances, which do not require proof of negligence.

Potential tort risks in this case can be classified as strict liabilities and negligence. For instance, the products used this case did not achieve the standards specified in the express warranty. The people at the firm used these products for more than a year and they read the manuals. However, they could figure out the manner of using the product. Additionally, the products led to injury to the user. One of the users cut his finger as he tried to operate the equipment (Edwards, Edwards, & Wells, 2009).

Negligence occurs as a failure to exercise care in different circumstances. This area of tort leads to harm and injury because of carelessness, which differs from intentionally harm. Negligence depends on the presence of breaking the duty of care of a person. Negligence requires elements for determining liability; include the plaintiff and the breach or dereliction. In tort law, strict liability exists as a rule that specifies the liabilities of a person for loss and damages caused by their actions (Edwards, Edwards, & Wells, 2009). Strict liability has prominence in law especially in corporate and criminal laws, in addition to product liability. In tort laws, strict liability occurs as an imposition of liability without identifying fault such as tortuous intent and negligence. The claiming party only needs to prove that tort occurred and the defendant was responsible for the tort.  

Identify A Tort Violation From The Video. Then Use The 7-Step Process As Defined In The Harb Article To Apply The Risk Management Process To Mitigate The Business Risk Associated With That Violation.

In this case, a tort violation occurred because of breach of warranty. In addition, one of the operators of the equipment cut his finger as he tried to operate the equipment. Therefore, as a manager, I will use the seven-step process of risk management to mitigate the business risk associated with the violation. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies. The first element in successful enterprise risk management involves management commitment. This requires the establishment, development and maintenance of risk management frameworks. This promotes and reinforces the benefits of risk management to many organizations. The second element involves consultation and communication (Buckley, & Okrent, 2004). The management should initialize communication, which is a crucial function in the ERM framework. The company has the responsibility of communicating and reinforcing the roles of the ERM framework. The third element involves procedures and policies. The company should develop concise, easy and clear procedures and policies that people can comprehend easily. This requires a review of the risk management procedures, stratagems and measures for their appropriateness. The management should also institute processes and systems that facilitate an application of the of the ERM framework.

The fourth element involves education and training, which occurs as investing in its workers and people. The company should conduct training in areas that facilitate risk identification. This requires a review of the profiles and provision of feedback to risk owners. Additionally, the company should develop an effective and efficient framework with well-documented plans, policies and toolkits. This should align the main activities of the company and minimize duplication of function. Well-aligned activities help in the creation of interdependency in ERM. Thereafter, the company should practice or apply risk management. This will require regular risk assessment and facilitation of risk workshops. This also requires coaching management and support partners in addition to reviewing management of crucial risks (Buckley, & Okrent, 2004). The final process in risk management involves ongoing monitoring and review of risk management. This involves reviewing all the components of the ERM framework, which requires assurance of ERM processes and systems. This also requires assurance of monitoring and reporting of risks and independent testing of controls.

Professor Of Law Nancy Kubasek States That It Appears As If A Breach Of Warranty Occurred. As A Business Manager, What Criterion Would You Consider In Determining If This Is An Appropriate Situation To Involve Legal Counsel?

In case individuals are harmed by using unsafe products, they can use the Cause of Action against the owners of the product. In addition, they can also use the Cause of Action against people who manufactured, designed and sold the product. Liability litigation can be instituted in this case in order to facilitate consumer protection. In this case, the warranty was broken because the goods did not meet the specifications in the warranty. The goods did not have the expected standards and conditions, which could harm the user. In this case, I would consider risk management in determining the appropriateness of the situation (Harb, 2008). In order to manage the situation, it is essential to contract a legal counsel to take care of any legal proceedings from this situation. The owners of the product misrepresented the product’s quality, which resulted in a breach of warranty. The legal jurisdiction has provisions for express warranties, which guarantees compensation in case a seller makes false impressions about a product.

Tort laws occur as civil wrong laws that deal with unfair actions or behaviors towards individuals. Tort laws deal with instances where an individual suffers losses or harm. Potential tort risks in this case occurred as negligence and strict liability. The products used in this case did not meet the specified standards as outlined in the express warranty. The products led to injury and harm to the users, hence these individuals could claim tort. Enterprise risk management occurs as an approach in addressing and assessing risks from all sources that threaten the achievements of organizational strategies.

  References

Buckley, W. R., & Okrent, C. J. (2004). Torts and personal injury law . Clifton Park, NY: Thomson/Delmar Learning.

Edwards, L. L., Edwards, J. S., & Wells, P. K. (2009). Tort Law For Legal Assistants . Clifton Park, NY: Delmar Cengage Learning.

Harb, T. (2008). 7 Essential Elements of ERM and the Role of Internal Audit. Institute of Internal Auditors. NSW Chapter Members Meeting. Page 1-8.

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United Kingdom Tort Law: Negligence, Strict and Specific Torts Essay

Serving as an umbrella term for the compensation process, the UK tort law addresses both professional negligence and general liability, also referred to as non-professional negligence. The UK tort law comprises three major concepts: negligence, strict and specific torts, and vicarious liability. The two latter sections provide a rationale for a principal difference between professional and non-professional negligence.

As far as negligence is concerned, it is of paramount importance to outline that the standards of care for professional negligence differ from ordinary cases. According to the Occupiers’ Liability Act, every occupier who provides services or property to society is expected to present a minimum duty of care 1 . Such a decision is justified by the fact that one’s professional competence implies a certain level of skills and expertise in the field. For example, in a clinical context, one’s failure to provide quality assessment cannot be justified by lack of experience. In FB v Princess Alexandra Hospital NHS Trust , a junior doctor who failed to diagnose a child with pneumococcal meningitis was regarded as negligent 2 . Another case of doctoral negligence, Darnley v Croydon Health Services NHS Trust 3 , demonstrates that providing the patient with misleading information, when causing harm to one’s health, should be compensated by the occupier.

The duty of care principle is a central concept of the tort law, as it implies that one individual accepts the duty to guarantee safety and the absence of harm to another individual. The landmark for the duty of care is the Donoghue v Stevenson case, where the plaintiff accused the defendant of negligence because she felt ill after drinking a ginger beer with a decomposed snail inside 4 . Another example of a breach of duty of care is Robinson v Chief Constable of West Yorkshire Police , as this case demonstrates how the plaintiff was remedied for an injury that was received during the police officers’ attempt to arrest a drug-dealer 5 . Hence, these incidents demonstrate that people and bodies providing services to others bear a higher level of public responsibility for safety and overall well-being.

However, once the minimal duty of care for occupiers’ defence is ignored, the responsibility for possible harm no longer belongs solely to the occupier or the property owner. For example, in Roles v Nathan , two chimney workers died due to a carbon monoxide-related fire. 6 The defendant was not found guilty because, as an occupier, he gave the workers three warnings, and they were not expected to proceed to work in a hazardous environment. A similar decision was held by the court in Tomlinson v Congleton BC , as the plaintiff accused the city council of harm to his physical and mental health as a result of diving in a local park’s lake 7 . However, while the visitors were not expected to swim in a lake in the first place, the duty of care charges were irrelevant.

Undeniably, there are claims that non-professional negligence, sometimes causing more detrimental effects, should not be regarded as an ordinary case. For example, in Mulholland v Medway NHS Foundation Trust , misdiagnosed brain tumour was not regarded explicitly as professional negligence, as the outcomes of treatment would not be much different in the long term 8 . However, when dealing with professional care, it is necessary to realize that the harm caused by an occupier was either intentional or the one demonstrating lack of proper expertise the in field.

While the duty of care should be minimal, the UK tort law promotes the rule of the eggshell skull, according to which the victim’s natural predisposition or vulnerability does not undermine the scope of negligence. For example, in Smith v Leech Brain & Co Ltd 9 , the plaintiff’s natural predisposition to cancer was not the reason for the claimant to have no compensation allowance. Thus, considering the UK tort law system, it becomes evident that professional negligence is regarded from a more complex and rigorous perspective due to the expertise level required to provide a service, as compared to the non-professional negligence.

• Occupiers’ Liability Act 1957
• FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334
• Darnley v Croydon Health Services NHS Trust [2018] UKSC 50
• Donoghue v Stevenson [1932] UKHL 100
• Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4
• Roles v. Nathan [1963] 1 W.L.R. 1117, [1963] 2 All E.R. 908
• Tomlinson v Congleton Borough Council [2003] UKHL 47
• Mulholland v Medway NHS Foundation Trust. [2015] EWHC 268
• Smith v Leech Brain & Co [1962] 2 QB 405
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2024, March 3). United Kingdom Tort Law: Negligence, Strict and Specific Torts. https://ivypanda.com/essays/united-kingdom-tort-law-negligence-strict-and-specific-torts/

"United Kingdom Tort Law: Negligence, Strict and Specific Torts." IvyPanda , 3 Mar. 2024, ivypanda.com/essays/united-kingdom-tort-law-negligence-strict-and-specific-torts/.

IvyPanda . (2024) 'United Kingdom Tort Law: Negligence, Strict and Specific Torts'. 3 March.

IvyPanda . 2024. "United Kingdom Tort Law: Negligence, Strict and Specific Torts." March 3, 2024. https://ivypanda.com/essays/united-kingdom-tort-law-negligence-strict-and-specific-torts/.

1. IvyPanda . "United Kingdom Tort Law: Negligence, Strict and Specific Torts." March 3, 2024. https://ivypanda.com/essays/united-kingdom-tort-law-negligence-strict-and-specific-torts/.

Bibliography

IvyPanda . "United Kingdom Tort Law: Negligence, Strict and Specific Torts." March 3, 2024. https://ivypanda.com/essays/united-kingdom-tort-law-negligence-strict-and-specific-torts/.

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The Fire Next Time by James Baldwin audiobook review – from the civil rights frontline

Law & Order’s Jesse L Martin narrates two powerful essays examining the Black experience in the US, the first in a series marking the author’s centenary year

F irst published in 1963 at the height of the US civil rights movement, James Baldwin’s The Fire Next Time comprises two astonishing essays examining the Black experience in the United States and the struggle against racial injustice.

The first, My Dungeon Shook, takes the form of a letter to Baldwin’s 14-year-old nephew, and outlines “the root of my dispute with my country … You were born into a society which spelled out with brutal clarity, and in as many ways as possible, that you were a worthless human being. You were not expected to aspire to excellence: you were expected to make peace with mediocrity.”

The second, Down at the Cross, is a polemic examining the relationship between race and religion, and finds Baldwin reflecting on his Harlem childhood, his encounters with racist police, and a spiritual crisis at the age of 14, which, triggered by his fears of getting drawn into a life of crime, “helped to hurl me into the church”. There, he was filled with anguish “like one of those floods that devastate countries, tearing everything down, tearing children from their parents and lovers from each other”.

The essays are narrated by the Law & Order actor Jesse L Martin, who highlights the rhythmic nature of Baldwin’s prose, and channels his anger and devastation at the unceasing suffering of Black Americans. This audiobook is one of several new recordings of Baldwin’s writing being published over the next few months, to mark the influential author’s centenary year, which also include Go Tell It to the Mountain, Another Country, Giovanni’s Room and If Beale Street Could Talk.

Available via Penguin Audio, 2hr 26min

Further listening

Fire Rush Jacqueline Crooks, Penguin Audio, 11hr 3min Leonie Elliott narrates this coming-of-age story set in the late 1970s about the daughter of a Caribbean immigrant who finds kindred spirits and thrilling new sounds at an underground reggae club.

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Two Sisters Blake Morrison, Harper Collins, 10hr 28min A tender account of the life of Gill, Morrison’s younger sister who died from heart failure caused by alcohol abuse, and his half-sister, Josie. Read by the author.

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