TORT LAW ESSAY HELP

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Tort law comes from a variety of legal disciplines, such as contract, criminal, civil, and common law. A criminal conduct, an agreement breach, and disturbances of civil order are all considered forms of civil wrongdoing.

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Free Guide For Tort Law Essay:

A tort is considered civil wrongdoing that inflicts harm upon an individual or their property. Tort law is distinguished from criminal and contract law which allows the legal authorities to determine the complexity of the matter that would allow them to present a fair and reasonable verdict upon the matter.

This allows the state to take the initiative to resolve the conflict under legal terms to avoid potential conflict that may result in civil misconduct. This can be done through compensation for the loss bearer as well as penalizing the individuals or entities for committing something which is considered an act of crime.

Whereas for contract agreements tort law does not apply due to the terms set under the contract agreement set by both parties. However, if criminal offences such as assault or threat state can intervene ensuring that law is abided accordingly and claims to damages are given in full.

Principles Of Tort Law:

Tort Law is based on four major principles which determines if an action is to be considered a tort, here are the four major principles;

1. Duty of care:

An individual may owe a duty of care to another. This can be related to beverage manufacturers who intend to provide soft fizzy to their customers with the service. It is the duty of the manufacturer to ensure that no room for potential error can cause harm to the customer. If not, this would be considered negligence and the manufacturer will be held accountable for tort.

2. Breach of duty:

Once an act of care is established and if there is a breach then the concept of Actus reus and Men's rea is applied according to the complexity of the crime. If the individual commits an act intentionally therefore, they are liable to be penalized as potential criminals. Whereas if the crime is intentional under the breached duty of care individuals and entities will be held responsible for the tort and may pay compensation to the loss bearer.

3. Causations and remoteness:

This allows legal authorities to determine whether tort is committed or not. A tort occurs due to an individual's or entity's actions which results in an incident or tort. A tort is determined when an individual's actions directly or indirectly result in harming another individual irrespective of the person's intentions.

4. Defence or injury:

If the injury is absent physically or mentally then tort does not come into place tort only applies when an individual is harmed by another individual or entity's actions. In cases of defenses, the defendant can appeal that the individual willingly took the risk, contributed to the harm, or indulged in illegal activities that resulted in causing themselves harm.

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