THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds‚ B.Corp.Law‚ LL.B (N.U.I.)‚ LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence‚ a relatively recently emerged tort. Traditionally‚ actions in tort were divided into trespass and trespass on the case‚ or simply ‘case’. Trespass dealt with the situation where the injury was immediate‚ in other words direct and foreseeable. Actions based in case however‚ covered consequential
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contractual liability * There are some similarities between tortious and contractual liability Both tortious liability and contractual liability are civil law obligations‚ so the remedies of all two them are only damages‚ injunction or specific performance without punishment as well as the civil courts have jurisdiction to hear contract and tort claims. Moreover‚ breaching of both types give rise to an action for damages. For example‚ to contrasting liability‚ see case Jackson v Horizon Holidays Ltd
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HOGESCHOOL UTRECHT Law Chapter 4 Tort Tort Contents 1) 2) Introduction .......................................................................................................................................... 2 1.1) Tort and Crime .............................................................................................................................. 2 1.2) Tort and Contract ............................................................................................................
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LAW OF TORT PART– PART–ONE Objectives of this Topic By the end of the topic the learner should be able to: * D fi iti of tort and related t Definition f t t d l t d terms * The difference between tort and criminal law and tort and contract law * Understand the nature and liability of tort * Explain the functions of the law of torts * Explain the capacity to sue or be sued for various p p y individuals and entities * Understand the specific torts their defences and remedies available
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English tort law English tort law concerns civil wrongs‚ as distinguished from criminal wrongs‚ in the law of England and Wales. Some wrongs are the concern of the state‚ and so the police can enforce the law on the wrongdoers in court – in a criminal case. A tort is not enforced by the police‚ and it is a civil action taken by one citizen against another‚ and tried in a court in front of a judge (only rarely‚ in certain cases of defamation‚ with a jury). Tort derives from middle English for
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Tort Laws | Tort Laws | Tort laws in the working world | | Janeen Abdo | Rasmussen CollegeNovember 04‚2012Authors Note: | This research is being submitted on November 04‚ 2012‚ for Larry Cooperman FAL12-6WS1-B371-04 Research and Report Writing course. | | Have you ever seen the commercials for a lawsuit based on a disease cause from working with asbestos or heard of law suit for unlawful termination; these are tort laws that make these lawsuits happen. The definition of a tort law
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Law of Tort Ian Yeats Paula Giliker Mary Luckham 2005 LLB BSc Accounting with Law / Law with Accounting BSc Management with Law / Law with Management 2660001 2770201 2770201 This subject guide was prepared for the University of London External Programme by: Ian Yeats‚ MA (Aberdeen)‚ BCL‚ MA (Oxford)‚ Barrister‚ Senior Lecturer in Law‚ Queen Mary College‚ University of London. Paula Giliker‚ MA (Oxon)‚ BCL‚ PhD (Cantab)‚ Barrister at Law‚ Fellow and Senior Law Tutor‚ St Hilda’s College
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PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester‚ 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4. Capacity
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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