TORT LAW

Tort Law: Negligence

Tort Law: Negligence

Introduction

The law of tort is regarded as a law that is concerned and related to the damages that are caused and the harm that the person has faced. A major component of this law is negligence. Negligence in this law consists of three major elements i.e. duty of care, damage and breach. In this paper a case will be discussed with respect to the tort law of negligence.

Case Summary

The company, Cascades of Fire Ltd. stores fireworks on the site. The old run down warehouse is owned by Jed and he is unaware of the fact that the company stores fireworks here. A group of friends of three have learned to pick the padlock on the warehouse gate. One night the boys decided to ignite and launch a rocket through the window; however, they mis-aimed it and the rocket was launched in the stack of the fireworks. This incident injured the boys and caused a huge noise which alarmed the bull in the nearby neighborhood. The bull injured itself and also damaged a car parked in the car park. In the end, a policeman caught hold of the bull.

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. 60). 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).

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 ...