TORT LAW

Tort Law

Tort Law

Introduction

Introduction of tort law

The law of tort is related to the civil wrongs. This law involves the laws that are related to the personal behaviours of the people and the impact of those behaviours has negative consequences upon someone else. Tort law specifies the laws for the causes of unfair damages that create harm to other people. A tort is usually considered that it is an illegal action, but it is not the condition in real. The tort occurs when the harm is caused by one person to another and the great amount of losses has been occurred to that person who is harmed. The loss may be financially or the physically or it may sometimes take the life of the person. Whatever the circumstances are and any type the losses are occurred, the person by whom the losses have occurred is responsible to pay all the damages. The law of tort is very different than that of the criminal law.

The claim regarding the tort is not dealt by the police and it is directly dealt in the civil law. The police have not any responsibility to enforce the law against the tort. The person or the party that suffers the tort brings the claim in the civil law and sue the party by which the damages are occurred. Then the jury decides upon the damages and the punishments (Markesinis, B.S. and Deakin, S.F., 2003, pp. 186).

Introduction of the case

This case is about the school in which the students of a particular class were taken to the picnic for having some information regarding the course at the natural place. At the picnic place, the students were asked by the teacher to have the jump from the top of the sea wall into the harbour. Of the student of the class, named, Harry could not do so successfully and this leads to the occurrence of the severe tetraplegic injury. In this case, the tort has been occurred on both sides. The teacher as well as the students was the part of the negligence act. On the part of the teacher, the teacher did not tell the student to take care and the precaution and the student did not carefully consider the judgment of the and thus the injury rendered.

Discussion

In this case the Harry may have the claim against university for the actions of the teacher, Caroline. In this case there are the issues of the negligence that have occurred on part on both the teacher and the student. Therefore in this section, it will be first explored that what does the tort of negligence say and what will he implication of it in this case.

Tort of negligence

The tort of negligence involves many aspects. The tort of negligence occurs when there are the people responsible for the care and the duty of care is not performed in accurate manner and as a result the damages are occurred to the innocent party (Elliot, ...