Tort Law
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Tort Law
Part one: Quests ion 1
In our daily lives and encounters, various incidences of torts do occur to us. These torts also known as civil wrongs that the law recognizes, hence used as a basis for lawsuits. Wrongs can result to harm or even injury and this constitutes the basis upon which the injured person claims for compensation (Varuhas, 2014). Therefore, tort laws help to deter other people from committing the same mistakes as well as providing relief to those that experienced damages or injuries. I have personally experienced a real tort issue. I was driving, but failed to obey traffic lights. The police arrested me and charged me for negligence in the court of law. The court found that I did a mistake of putting the life of other road users at risk. My action was unreasonable, hence punishable to ensure that I do not repeat the mistake again, and served to deter other road users from breaching any traffic rules.
I think it was right for me to pursue litigation because even if I mistakenly failed to obey traffic lights, I was putting the life of other road users at risk. The reason for losing this litigation is clear. I was on the wrong and therefore, deserved the punishment. Putting other road users at risk due to negligence is wrong, hence punishable.
Question 2
Tort is a legal wrong meaning that any individual that is injured by another, has a right to pursue for compensation from the person responsible for the injury through civil lawsuit (Varuhas, 2014). The injured individual has to prove this in the court and the plaintiff attorney requires that the evidence contain four elements of a tort. One of the elements is for the injured person to demonstrate that the person that caused the injury had a duty to protect or observe the safety of the injured (Hmpfmlaw.com, 2015). The second element is to prove that the defendant failed to observe the duty, hence endangered the safety and health of the injured or the plaintiff. Third is for the plaintiff to have sustained injury of some nature, and lastly the plaintiff need to prove that the injury sustained was because of the defendant negligence (Hmpfmlaw.com, 2015). The case will not be clear incase the element was not met clearly, hence in such incidences no litigation cause of action may be instituted or taken against the defendant.
Topic 2
In commercial tort law, the owner of the car cannot be liable to a thief that incurs injuries in case the stolen car had no brakes. Such an incidence does not qualify to be a commercial tort, and therefore, no commercial tort claim can be demanded. Commercial tort law deals with businesses only where a businessperson or business as an entity makes a claim to someone for the suffered harm. Furthermore, a claim can only be made in case the claimant is an individual or an organization in case the claim came about in the course of the claimant profession or business and such is not inclusive of damages that arise to personal injuries or death of a person (US Practical Law, 2015). Therefore, in this incidence, the accident did not occur in the course of the thief’s’ business or profession. Furthermore, the damages the thief succumbed are personally injuries that are not compensated by the commercial tort claim. Therefore, there is no way that the owner can be liable for the injury the thief sustained.
Reference
Hmpfmlaw.com. (2015). The four elements of a tort. Retrieved from: http://www.hmpfmlaw.com/articles/the-four-elements-of-a-tort
US Practical Law. (2015). Commercial Tort Claim. Retrieved from: http://us.practicallaw.com/8- 382-3350
Varuhas, J. N. (2014). The Concept of ‘Vindication’ in the Law of Torts: Rights, Interests, and Damages. Oxford Journal Of Legal Studies, 34(2), 253-293.
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