TORT LAW

Tort Law

Tort Law

Introduction

The main purpose of this paper is to make an analysis on the statement that we live in a compensation culture where everyone expects to be compensated for every misfortune that befalls them. Someone is always to blame, someone is always negligent, and someone should pay. The negligence law is used in this paper in order to make discussion on the above statement. Neglect means failure to provide the care that a person would have provided reasonable in similar circumstances. The court will make a finding of negligence, or if the applicants are able to prove the following:

1. Legal duty of care

2. Violation of the standard of care

3. Foreseeable harm as a result of a violation of the standard of care

4. Damages

Following are some core defenses to negligence:

In the negligence, it is important for the company to consult with its lawyer so that he can understand that why this negligence occurred. The lawyer can then more easily make the case that the evidence presented in court. If the evidentiary record suggests that the incident resulted from a miscalculation, not failure to act in a reasonable and prudent under the circumstances, the court may declare that there was no negligence. Each defendant could provide evidence against its acts or omissions. Given the multidisciplinary nature of the provision of health care, witnesses or defendants may testify about their interactions during the incident led to the prosecution. It is then for the court to apportion the negligence between the various defendants based on their level of responsibility (Cooke, 2005, p. 91). The court may conclude that the applicant is also responsible, in whole or part, the damage suffered. It can then reduce the amount of damages accordingly. However, the company held liable for negligence may still be required to pay a portion of the liquidated damages. The applicant must bring his action within the time prescribed by law in their province or territory. At the end of that period, the applicant is normally no right to sue. However, exceptions are made in the case of minors and mentally incompetent persons. Negligence is the malfunction to use that stage of care needed under the circumstances to avert damage to others. It can be a malfunction to precede (nonfeasance) or portraying heedlessly (malfeasance). It is performing that conceives an awkward risk of damage to others. The negligent proceed should conceive this risk; the actor is liable for the sensibly foreseeable outcomes of that negligence. Negligence should take into account the circumstances that battled the actor. Thus, from the above mentioned definitions of negligence law and its specifications, it is proved that the vulture in which we live is the culture in which every one wants to be compensated for every misfortune that befalls them. Although, as per the negligence law, not every one is entitled of the compensation. Compensation on the basis of negligence law is provided to only few people and to those who comes under the law of ...