Under the tort liability law, also known as "the law of negligence", a person is considered liable for committing a tort, if they have failed to satisfy the standard of care - a standard determined by the behavior of a reasonably prudent individual. The tortfeasor 's actions are measured against the actions of a reasonably prudent person, and they are found to be below-standard, the individual is guilty of negligence. The tort liability law applies mainly to unintentional torts. In the case of intentional torts and strict liability torts, the defendant is found guilty regardless of negligence. If a wrongful act is done deliberately, the possibility of negligence is ruled out automatically.
MEDICAL NEGLIGENCE Introduction What is negligence? Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm . According to Jay M. Feinman of the Rutgers University School of Law; The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeable cause to other people." "Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."
Ordinary Negligence and Occupiers’ Liability – Comparing Principles. Based on the discussion above, we can retrieve the key features of both ordinary negligence and occupier’s liability. In essence, the ordinary idea of negligence is when you unintentionally cause injury to someone in a situation where you should have known your action could cause harm. The plaintiff must establishes three factors to constitute negligence. Firstly, the plaintiff must prove that the defendant owed the plaintiff a duty of care.
False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort as trespass to a person.False Imprisonment has been defined as the total restraint of the liberty of a person. The word ‘false’ means ‘erroneous’ or ‘wrong’. It is a tort of strict liability and the plaintiff has not to prove fault on part of the defendant. It safeguards the right to freedom of a person so that they may be able to move without restraint.
This is known as the doctrine of vicarious liability. 1.1 What is vicarious liability? The word 'vicarious ' is derived from the Latin word for 'change ' or ‘alteration’. Vicarious liability is an aberration from the norm of holding the tortfeasor liable for damage caused by their own tortious liability. It is also referred to as imputed negligence.
Judge Haugh declared that “One is not entitled to seek damages for mere bad manners or mere sensitivity, but there is however an action known to the law of tort that entitles a person to compensation when they suffer a recognized psychiatric consequence of harassment ,that is inexcusable conduct intentionally or recklessly handed out. Before he can succeed in an action for the wilful or reckless infliction or emotional harm there must be a form of harassment or a form of misconduct formed on the part of the defendant that any right-minded right-thinking person would consider to be gratuitous or reprehensible. It must be done either with the intention of humiliating or embarrassing the butt of the harassment ,or it must be done where there is a risk of such an adverse reaction and that risk is unjustifiably
No matter the reasoning, torture has been said to be morally wrong. There are many reasons as to why torture is ineffective and counterproductive starting with the types of torture that people endure. According to the merriam-webster dictionary, torture is the action or practice of inflicting pain on an individual whether it be psychological, emotional, or physical in order to force them to do or say something or for their own personal pleasure.
WHAT IS TORT ( NATURE & DEFINATIONS ) Shall I write above Law of Tort or Law of Torts. But we will take up the difference a bit later and first get to know what a tort is ? Tort which is equivalent to the English term ‘wrong’ finds its root in the Latin term ‘tortum’ which means ‘to twist’. Thus “tort means “a conduct which is not straight or lawful, but, on the other hand, twisted ,crooked or unlawful . Tort is violation of a legal right vested in any particular individual (defamation) or of public at large (Public nuisance).It is a branch of the obligations ,where the legal obligations to refrain from harm to another and ,if harm is done, to repair it or compensate for it ,are imposed not by agreement, but independently of agreement by force of the general law.
DEFINITION Defamation can be defined as the act of making a false statement about a person that is likely to damage their reputation in the community. In other words, defamation is the publication of a statement or words in that it tends to lower the person in the estimation of right- thinking members of society, generally by making society shun or avoid them. In simpler terms, defamation generally means the act of damaging someone’s reputation or livelihood. Defamation law is complicated because it has to strike a balance between freedom of speech and protecting people from lies that will ruin their reputation. Defamation covers slander and libel.