TORT

Tort's Laws: 4 Assignments

Tort's Laws: 4 Assignments

Task 1: “For Managers - what you need to know about tort”

This is a guide book for all managers of Tevernbridge Council. The purpose of this reference book is to provide a basic understanding of Tort's Laws and how they apply to businesses. For complete referencing, please consult the Tort's Law handbooks. Tort's Law places special emphasis on the word Liability, taking it in more than one meaning. According to Tort, liability comes into play when a person causes damage to another person. The basis of liability is therefore in the obligation of each answer for actions.

The tort of contractual liability

When responsibility is rooted in an offense against public order, it will be deemed as criminal responsibility (Pearson, 2011). On the other hand, civil liability may find its origin in a legal matter:

If a legal fact (that is to say, an event likely to produce legal effects - an accident for example) is originally the responsibility. In that case, we speak of tort if the act in question is voluntary. If, on the contrary, this fact is not voluntary, we do not speak of tort liability and then it falls under the consideration of contractual liability.

If a legal act (that is to say, a manifestation of will intended to produce legal effects - a contract, for example) is at the origin of responsibility, we speak of contractual liability.

Tort and contractual liability are the two main aspects of the notion of responsibility. For criminal responsibility, it will not be initiated, if the individual has committed an offense expressly provided for by the Criminal Code (violation, misdemeanor or felony). Generally, in civil liability, three conditions are necessary to engage the responsibility of a person:

The injury or damage

The existence of a fault (whether voluntary or not)

The existence of a causal (or causal link) between the fault and the damage

When these conditions are met, the responsibility will result in the creation of an abrogation on the part of the wrongdoer, where it is obligatory to repair the physical damage, material or moral damage suffered by the victim and in general, by awarding damages. When it comes to contractual liability, repair can also be done by enforcement (Pearson, 2011).

The concept of liability is very old and is based on articles 1382 to 1386 of the Civil Code. It has seen little changes since 1804. The law plays an essential role because the law lays down principles. Jurisprudence is flexible and relatively well adapted to social needs but offers a large degree of uncertainty to the extent that many solutions adopted remain controversial. Article 1382 of the Civil Code states: "Any act whatever of man that causes damage to another obliges him by whose fault it happened to repair it”. This essential item is the legislative basis for the concept of civil responsibility.

Vicarious Liability

This category of responsibility is based on sections 1384 al. 4 and 1384 al. 6 of the Civil ...