Tort law Essay Example | Topics and Well Written Essays - 2000 words

Tort law - Essay Example The following sections of this assessment are specifically going to focus on the relevant statutes that can be inferred when negotiating for a settlement as well as remedies. Case list and relevant statutes Briefly outline any cases/statutes you have researched in this area which are relevant to our client’s claim. This should be more than just a bulleted list. Basically, tort law commonly refers to a civil wrong not arising from a contract and in the case of negligence, everyone has a duty of care owed to the neighbour (Capiro Industries vs. Dickman 1990). Cooke (2010) suggests that a remedy can be given in the form of compensation where the plaintiff can prove beyond reasonable doubt that the defendant owed duty of care in the event of injury. Thus, in case of tort law, specific duties apply to everyone and are imposed by the law. According to Terry & Giugni (2009), there are four elements of the tort of negligence that have to be proved by the plaintiff and these include th e following: there is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below expected standards, the defendant’s conduct caused the plaintiff to suffer physical or economic harm (causation) and the harm suffered by the plaintiff was reasonably foreseeable (remoteness). Under common law, duty of care must be observed whereby the breach of such duty, causation of damage, remoteness of damage and the defences would be taken into account as illustrated in the following cases below. Facts The case of Murphy v Brentwood[1991] 1 A.C. 398 can be used to establish the duty care owed by the contractors in the construction industry. Issue Were defendants negligent? Rule They were negligent because they did not take into account safety precautions when constructing the house. In our case, we did not constantly check the state of condition of our buildings. Analysis The court found that the engineers as well as contractors wer e negligent when they failed to take necessary measures to ensure that they construct a solid foundation of the house. In the case of Blyth v Birmingham Water Works Company, the facts are as follows; the defendants installed a fire plug near the plaintiff’s house that leaked during a severe frost, causing water damage and the jury found the defendant negligent, and the defendant appealed. Issue Were the defendants negligent? Rule Defendants can only be negligent when they fail to do what a reasonable person can do. Analysis This was an accident caused by natural causes. The case of Bolam V Friern 1957 also illustrates a case involving negligence but the court ruled in favour of the doctor because he was acting within his profession. In most cases, for a claim to be successful, the four elements mentioned above have to be proved. The Occupiers’ Liability Act (OLA) 1957 is mainly concerned with the duty care owed to the occupiers of a building and these can be classified as employees or visitors. They ought to take into consideration the risk of danger that may prevail. On the other hand, the employer is liable for breach of his duty if he fails to provide his employees with safety as well as safe equipment to use (Wilson and Clyde Coal Co Ltd v English [1938 ] AC 57 (HL) 141). This also includes a duty to