CASE LAWS

Tort Law and Contract Law



Tort Law and Contract Law

Case Study 1: Summary

In the case, Simmons v British Steel plc, Simmons was employed by the British steel company. Simmons already warned his employers about the potential dangers but the company failed to take notice. This led to the accident when Simmons fell and hit his head. Due to this fall, his pre-existing skin condition became worse. He also suffered depression and anger due to his accidents. His anger was due to the company's failure of preventing the accident, even though they were already informed about the potential dangers. The company failed to prevent the danger and also failed to offer any support or apology after the accident. The company was held liable for the breach of duty of care and negligence, as the accident could have been prevented.

Tort Law

Tort is a private or civil law offense, entailing compensation for the harm and damages recoverable in private law in favor of persons injured. A tort is a private or civil act that harms other people or their property. The harm may involve emotional distress, physical injury, invasion of privacy, or defamation. The injured party may sue the wrong doer to recover damages for loss or harm. A tort is not the result of a breach of contract which would be settled under contract law (Jennings, 2006, pp. 56). Torts are part of common law. Examples of tort cases are medical malpractice, libel, liability and fraud. The tort law identifies a number of legal rules that attempt to organize sharing the cost of accidents (for the victim unwanted events because they generate injury). These accidents may not be from the point of view of the damage caused. In the given case, negligence has been committed by the company. Negligence is also a type of tort law.

Negligence Law

Negligence is a legal concept usually used by a court to obtain damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty (Lunney & Oliphant, 2003, pp. 67).

Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable risk of harm. He or she has acted negligently if departed from the conduct expected of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Neglect is a type of tort, but can also be used in criminal ...