Question: LAW OF TORT 1 ASSIGNMENT, CASE STUDY, Mr Boss owns Slow Railways and in January 2005 he decided to have a new station built. The station was to be on the outskirts of Presford. In order to advise the claimants the following aspects of law of tort must be considered, what is tort, negligence and what are the elements, nervous shock, economic loss and vicarious liability.
Answer: Tort is a civil wrong and liability is not undertaken voluntary but imposed by courts based on fault. Negligence as a tort is defined as “negligence is the breach of a legal duty to take care, resulting in damage to the claimant, which is not desired by the defendant.” Therefore negligence protects an individual against several types of harm or damage such as damage to property, personal injury or economic loss.
Tort of negligence claimant must prove three factors. Firstly, defendant owed a duty of care. Secondly, defendant breached this duty. Thirdly, claimant suffered damage caused by the breach of duty, which is not too remote ....(short extract)
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- Subject: Law
- Course: Tort Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 71%
- Words: 2733
- Date submitted: January 29, 2009
- Date written: January, 2006
- References: Yes
- Document type: Essay*
- Essay ID: 450
