Tort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs that form the basis of civil lawsuits. To explore this concept, consider the following tort law definition. The legal term tort refers to an action in which one person or entity causes injury, harm, or damage to another person or entity.
In contract law, a mix-up is an incorrect conviction, at contracting, that specific facts are valid. It can be argued as a defense, and if raised effectively can lead to the agreement in question being discovered voidable. Common law has distinguished three types of mistake in contract: the 'unilateral mistake ', the 'mutual mistake ' and the 'common mistake '. The distinction between the 'common mistake ' and the 'mutual mistake ' is vital. In an agreement setting, a mistake is an error in the meaning of words, laws, or facts which causes one or both parties to enter into the contract without fully understanding the outcomes or obligations suggested by the agreement.
Firstly, the plaintiff must prove that the defendant owed the plaintiff a duty of care. What is duty of care in this context? It is the responsibility to avoid careless actions that could cause harm to one or more persons. Secondly, the plaintiff bears the onus to prove that the defendant failed to succumb to the proper standard of care that a reasonable person would have provided in a similar situation. Standard of care is a way of measuring how much care one person owes another.
The role of Equitable remedies come into play when legal remedies or monetary compensation cannot adequately resolve the wrongdoing. It is often kept as a requirement that only if legal damages are unavailable before a court can the court decide to issue equitable
Condition and warranties are very different in contract. Condition is a term of the contract which is a necessary issue, in the sense that any breach will allow the other party to abrogation. Warranties is less important terms which are secondary to the main purpose of the contract (Topic 2: Contract Law, p37-38 ). The difference between these is of fundamental importance in assessing whether a failure to perform them represents a breach of contract. The innocent party’s rights in response to a breach of a term depend on how serious or fundamental the actual breach is.
The link between an actor’s behavior and the subsequent harm to another human being is a vital component of various types of legal doctrines. Tort law has been exclusively used for the distributive justice and deterrent of certain behaviors. In the case of torts, plaintiff needs to show a casual connection between his/her injury in correspondence to the defendant’s action in order to clarify the person from whom the remedies should come. However, it’s conceptually and factually very tiring to pinpoint the actors accountable for the injury. Especially in case of environmental pollution, it is difficult to identify the polluter and sources of pollution.
Reynolds v Clarke (1726)2 Ld Raym 1399, Fortescue ruled that the difference would surmount to whether the consequence was immediate or occurred later, for which an action would otherwise not be brought. The rigidness in the distinction between trespass and case proved a problem. The solution lay in allowing the plaintiff to ‘waive’ the trespass and sue instead in case.in Williams v. Holland (1833)2 LJCP (NS) 190, the court of common pleas decided that this would be allowed if the plaintiff’s injury was occasioned by the ‘carelessness and negligence’ of the defendant, regardless of whether or not the act was immediate, so long as the act was unwillful. Thus one could bring an act whether the defendant produced immediate or consequential damage. Introduction According to the Duhiame law dictionary fault is a breach of duty or negligence and in some circumstances, the errors or omissions of others or things under a person’s control .
In tort, the term ‘negligence’ has several meanings. It can refer to careless behaviour, negligent conduct or legal concept of fault. To succeed a claim in tort, one has to prove that there was intentional and direct interference with a person or property. Claimants could therefore claim a case for liability of carelessness. The courts allowed such claims rarely, and usually required an extra element such as fraud.
(ii) Breach of duty. (iii) Damage- causation and remoteness. 2.1. DUTY OF CARE: Duty of care refers to the circumstances and relationships which the law recognizes as giving rise to a legal duty to take care. A failure to take such care can result in the defendant being liable to pay damages to the injured party or who has suffered loss as a result of their breach
Materiality. Misrepresentation must be material in order to afford a right to rescind. The most significant meaning credited to material in the misrepresentation is that the misrepresentation should be of such nature that it must have natural and likely effect of inducing reasonable person to enter into a contract. Misrepresentation as a defence The process of pleading misrepresentation as a defence is generally considered to a form of rescission since a representee must contend and prove the same facts that are necessary for the remedy of rescission . Damages In this case whether the representee decided to cancel or stand by the contract, he/she may in addition be entitled to recover damages in respect of any patrimonial loss by misrepresentation, depending on the state of mind with which the representation was made.