THE LAW OF TORT

The Law of Tort

The Law of Tort

Introduction

Provisions in civil law and, in particular, tort law are of paramount importance and can be seen as an essential tool to combat crime and property issues while eliminating their consequences. In fact, issues related to tort routinely affect the interests of participants in civil (Deakin et al., 2012). Under the conditions of transition to market economy, a significant growth of crime is observed both in the economic sphere as well as against the individual. It is therefore essential to ensure the stability of the legal property relations, improve legal safeguards related to rights and interests of citizens and organisations. It is also a fact that material interest has always played an important role in human life. It can be seen that the most reliable way to protect the interests lies in observing the law and suppression of assaulting it (Finch & Fafinski, 2012).

Depending on the nature of the offense and the offender, it common to see that people use several different measures of legal ways of protecting the interests of citizens and organisations including the criminal law, administrative law and civil law. However, the application of measures of criminal and administrative charges, setting a goal of punishment and education of the offender, and the prevention of similar future violations do not eliminate the effects of property offenses as expressed in material damage. In fact, the interests of the victim need to be addressed on a reimbursable basis in line with the consequences of the offense. This is achieved by means of a civil action including tort (Endres, 2012).

Discussion

The Tort Law is a body of rights which are utilised by courts in the civil proceedings to safeguard the people who have been the victims of wrongful acts of others. The person who has been the victim of the malicious activity or tortuous conduct is known as the plaintiff, and the aggressor who inflicts the damage unto others is known as the tortfeasor or defendant. In any case which involves the Tort Laws; there are certain fundamental conditions which have to be met (Deakin et al., 2012). The basic three activities inclusive for every Tort case are; first, the plaintiff must establish that the defendant was obliged under legal provisions to act in a certain manner, than the plaintiff must prove that the defendant had failed to fulfil his duty, due to the failure to conform his or her behaviour respectively. The final stage in the process is that the plaintiff has to provide the proof that the defendants' breach, caused injury or other forms of losses to the plaintiff. The Tort Law is formed after the amalgamation of the various common law principles and legislative enactments.

The Tort Law has several objectives; primarily it seeks to compensate the plaintiff for the damages and injuries caused, the costs of the damages are shifted to the person who has caused the damage and it ensures that relevant actions are taken so that such tortuous activities ...