Negligence and the Law of Torts
ABSTRACT
This essay deals with the law of torts, and more specifically the tort of negligence. It discusses cases and judgements related to it. It concludes by looking at the elements of negligence and their meanings.
THE LAW OF TORTS
A tort is basically a civil wrong. A civil wrong is an act, intentional or otherwise, the consequences of which include, but are not limited to damage to life or property, injury to a person, emotional or mental trauma, loss in reputation, etc. The injured party is entitled to get compensation from the party that was responsible for causing the injury.
The objective of the law of torts is to help the injured party receive compensation and legal remedy in case their civil rights have been violated. Tort law is completely independent of the law of contracts, and as such, to claim damages under the law of torts, a contractual obligation is unnecessary.
There is a major difference between tort law and criminal law. As said by Arthur and Barnes, 2003, “While in criminal law, the offence is against the State and the State is the plaintiff, in tort law, on the contrast, the offence is against a person and that person is the plaintiff.” This means that all crimes that come under criminal law are committed against the State, and the wrong doers are prosecuted by the State. The wrongs that come under the tort law, however, are committed against specific individuals, by violating their civil rights, and as such, these individuals are the plaintiffs.
Shapo, in 2003, defined the law of torts as “a body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.” This is a well-rounded definition of the law of torts, and addresses most of the major concerns, apart from its objectives. These objectives are discussed below.
THE ORIGIN OF THE LAW OF TORTS
The law of torts
This essay deals with the law of torts, and more specifically the tort of negligence. It discusses cases and judgements related to it. It concludes by looking at the elements of negligence and their meanings.
THE LAW OF TORTS
A tort is basically a civil wrong. A civil wrong is an act, intentional or otherwise, the consequences of which include, but are not limited to damage to life or property, injury to a person, emotional or mental trauma, loss in reputation, etc. The injured party is entitled to get compensation from the party that was responsible for causing the injury.
The objective of the law of torts is to help the injured party receive compensation and legal remedy in case their civil rights have been violated. Tort law is completely independent of the law of contracts, and as such, to claim damages under the law of torts, a contractual obligation is unnecessary.
There is a major difference between tort law and criminal law. As said by Arthur and Barnes, 2003, “While in criminal law, the offence is against the State and the State is the plaintiff, in tort law, on the contrast, the offence is against a person and that person is the plaintiff.” This means that all crimes that come under criminal law are committed against the State, and the wrong doers are prosecuted by the State. The wrongs that come under the tort law, however, are committed against specific individuals, by violating their civil rights, and as such, these individuals are the plaintiffs.
Shapo, in 2003, defined the law of torts as “a body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others.” This is a well-rounded definition of the law of torts, and addresses most of the major concerns, apart from its objectives. These objectives are discussed below.
THE ORIGIN OF THE LAW OF TORTS
The law of torts