The Law of Tort
Abstract
Tort refers to any civil wrong that inflicts harm and sufferance on another person. In common law, the tort leads to loss or harm on the victim, and these actions are generated by the offender or, or the tortfeasor. There are key elements of tort, and depending on the nature of the tort committed, the tortfeasor will always be liable for against his actions. Laws of tort integrate elements such as negligence, trespass, among others. Negligence cases have become more common in the courts nowadays. However, many people and organizations manage to defend against these claims. Tort involves wrongdoing that ends up in injury to an individual, destruction of property and economic interests through doings and omissions apart from breach of contract (Edwards, 2015). The scope covered by this law provides for very many loopholes for defense. In general, one may challenge the complainant's status, attack credibility of the connection between harm was done and the omission or act, prove that they acted with the required degree of care and even question the actual damage suffered (Harlow, 2005). One may even completely avoid liability if they show that the party harmed was negligent on its part.
Some suggestions include explicit statements put to show vividly the links between a deed or omission and harm done. Another way to tie up the loopholes is by setting a precise definition of the required standard of care whose limit if not reached amounts to negligence. Avoiding ambiguity in setting the limits is the surest way of sealing the loopholes in negligence cases. The dissertation will discuss various elements of tort, the liabilities for different torts, and the extent in which one can claim innocence. Indeed, this paper shall entail various civil and criminal clauses that govern the law of tort, while considering specific case laws.
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