TORT LAW DISSERTATION HELP

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A civil offense that harms someone else or their property is known as a tort. Besides criminal and commercial law, the principle of tort law allows the judges and juries to face the complexity of a case in such a way that results will be fair and just. The state, on other side, may intervene and solve the issue at hand considering the law, and therefore avoid any conflict that may lead to civil wrong doing.

This can be achieved by holding people or businesses liable for civil wrongs that will include paying the losses of the harmed party. Though business agreements have terms, tort law can still be used in business partnerships primarily when there is negligence or harm that is not addressed by the contract. In cases of violent crimes like assault or threats, the state can intervene in order to ensure that the rule of law is upheld and any claims of damages are fully rewarded.

Legal Framework:

The four core elements of tort law provide a foundation based upon which judicial bodies assess the tort claims.

1. Duty of care:

One person might owe a duty to take reasonable care in regard to another. Consider, for instance an electronics producer selling an item to a consumer; it owes a duty of care that there is no room for mistake which may cause injury to the buyer. In that event, if this were not so then the creator would be liable for the tort as it was held to be a case of negligence.

2. Breach of duty:

Irrespective of the motive behind it, the central question within the tort law is whether the duty was breached and resulted in harm to another party. Instead of taking into consideration the intentions, a tort arises when the actions of the individual, direct or indirect cause harm to another individual.

4. Defense or Injury:

Tort can be said to refer to any case whereby a person causes another to suffer some physical, psychological, financial, or reputational harm. Tort law generally covers situations where there is a harm caused by an individual or company to the person bringing the lawsuit. The defendant may argue in defense court that the plaintiff committed an illegal act that injured them, had voluntarily assumed the risk, or contributed to the injury.

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