TORT OF NEGLIGENCE

Tort of Negligence

[Name of College]

Tort of Negligence

Introduction

A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts. In the Law of Torts, duties are owed to persons in various circumstances, and liability for negligent or wrongful action is imposed by law. For example, a duty of care to other road users is imposed by law on all drivers. An occupier of property owes a duty of care to all visitors on his premises. This is different from obligations in a contract for the parties voluntarily agree to be bound. The occupier of property and the driver of a vehicle cannot escape liability for breaching their duties, although they may be able to cover losses through insurance. Where persons are insured, the insurance company usually 'steps into the shoes' of the insured and, in the event of a legal action, it is the insurance company that settles any claims. The primary function of the Law of Torts is to provide remedies to claimants who have suffered harm, loss, or an infringement of rights. (Magnus, 2001)

Both the Law of Torts and Criminal Law are concerned with wrongs; however, the Law of Torts is primarily about providing a remedy for people for harm that they have suffered, and Criminal Law is primarily about punishing the people who have committed wrongs in the eyes of the state. Sometimes an event can give rise to both criminal and tortious actions. If a driver of a car carelessly loses control of his car and knocks over a cyclist, the driver will be prosecuted for careless/dangerous driving in the criminal courts, and, if found guilty, will be punished by a sentence imposed by the court. (Fleming, 2002) At the same time, the cyclist can bring a civil action in the tort of negligence to recover compensation for his personal injuries and damage to his bicycle. If the defendant is found liable, he will have to pay compensation to the claimant. This paper will cover the areas of psychiatric harm or negligently inflicted pure economic loss, in accordance with Tort of Negligence for the purpose of giving advice in the following cases.

The Case

One morning Marcus, a solicitor who runs his own firm, was driving to work when he was delayed in a traffic jam resulting from a road accident caused by David's negligent driving. The holdup resulted in Marcus missing an important meeting with a new client who planned to instruct Marcus in relation to a big property development, in the town. In the absence of Marcus, the client gave the business to another firm of solicitors. Marcus had another appointment that day with an established client, Samantha, who had an existing will in favor of one of her sons, Tony. Samantha said that she, and Tony had fallen out and she instructed Marcus to draw up a new will, leaving most of her property to her other son, Grant. A week later, Samantha died, but ...