Examples Of Tort Liability Law

1114 Words5 Pages
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. In strict/absolute liability, the person responsible
…show more content…
·Sometimes people excuse the damage they cause by saying this was a mistake or that they did not mean to cause the damage. Is this a valid excuse to avoid liability for damage caused? Explain your answer.

With the above question about people that is liable to a damages due to their civil wrong and now finding an excuse to avoid damages. In law, there is no excuse and the defaulter would therefore be liable for their offence committed except if the judge in a court of law based of their reasonable doubt found that it was not proven true that such person would be liable for a damages.

Meanwhile, It is only people of essential duties such as A police officer who injures a suspect during a lawful arrest may be immune from prosecution because she was acting in the course of official duties. An ambulance driver won't be cited for speeding while in route to an emergency. Members of the armed forces and other civil organizations may also be excused from liability when acting in the course of their official duties.

Apart from the above, such person would be dealt with according with the rule of law or his pleading may not be granted as to excused him/herself from the liability damaged caused.

…show more content…
The courts currently use a list of standards to determine whether or not an abnormally dangerous activity has been undertaken so that strict liability applies.

Here are the brief illustrations about the strict liability.

1. This Notice informs ship-owners of the extension of strict liability for oil pollution damage to all ships and recommends that ship-owners maintain insurance to cover their liabilities.

2. A regime of strict liability already applies for certain types of oil pollution damage. The International Convention on Civil Liability for Oil Pollution Damage 1969, which is implemented in the UK by the Merchant Shipping (Oil Pollution) Act 1971 (the 1971 Act), places strict liability on owners of ships carrying oil in bulk as cargo. "Strict liability” means that victims of oil pollution damage do not have to prove fault on the part of the ship-owner in order to obtain compensation. The ship-owner is liable for any damage caused - or indeed threatened - by oil from the vessel.

3. From 1 October 1994, the Merchant Shipping (Salvage and Pollution) Act 1994 will extend strict liability for oil pollution damage to all ships carrying persistent oil, be it as fuel or as

More about Examples Of Tort Liability Law

Open Document