Law of Tort

Law of Tort

Introduction

This report deals with the case of University of Wessex, whereCaroline is a Geosciences Lecturer at the University of Wessex. She takes a group of students on a field trip to the local beach. Whilst they are there, two of her students, Niall and Liam, spot some young men jumping from the top of the sea wall into the harbour. Niall and Liam ask Caroline if they can join in, and she tells them that if they want to, then she has no problem with that. Both Niall and Liam jump into the sea with no problem. The following week, Caroline takes another group of students on the same trip and encourages them all to make the same jump that Niall and Liam had made the week before. Louis jumps with no problem, but when Harry jumps, he misjudges it and forgets to tuck his legs and lands straight into the water. Unfortunately Harry sustains serious injuries, and is rendered tetraplegic. Now in order to see what rights law has given to Harry, we have to analyze the Law of tort in detail.

The Law of Tort

The tort law identifies a number of legal rules that attempt to organize the sharing the cost of accidents (unwanted events for the victim because they generate damage). These accidents can not be from the point of view of the person causes the damage (deceased). Example: if a guy goes out and gets hit by a cyclist traveling on the bike path, this event is seen as an accident both the victim and the rider. However, if a student is studying until midnight in the library and on leaving it, is docked and is beaten, this, from the point of view of the insured, not a accident, but a fact intentional, but from the point of view of the victim is an accident, because for it is an unwanted event that has a negative effect. The cost of an accident refers to its consequences in terms of reduced social welfare. This cost is about organizing what tort law, that is, how it is distributed among the individuals involved and society as a whole. There are also other sectors of the legal system dealing with accidents, but not strictly the distribution of costs: (i) Criminal Law (rules that punish behavior, willful and culpable, damage to another), (ii) Administrative Law (safety standards of products and activities, and to prevent their violation, for example, the mandating the use of seat belts, lifts with double doors, the airbag, etc.). Besides, who is subject to a risk of getting unwanted damage has some behavioral choices regarding risk: you can try to transfer the risk to another person under a contract of insurance, for example.

Why can it be good for a person to take the option of individual contract with an insurance company to transfer unwanted risk? The insurance company is better able to absorb the risk because, having in its portfolio many people undergone the various ...