Sunday, May 12, 2019
Tort law essay Example | Topics and Well Written Essays - 1500 words
Tort law of nature of nature - Essay good exampleTort law is one of the most important aspects of the legal industry. In simple words, tort law can be defined as a specialised body of law that provides solution for the mis behavior or wrong doings that are basically civil in nature and does not wax from any contractual obligations. In different words, tort law is the set of laws that are used to mend legal damages by the accusers in fortune the accused is legally responsible for the damage caused. The anchor difference in between any criminal case and a case of tort is that of composition and punishment. While criminal cases involve those that are motivated to hurt the other party in more or less way or the other, the cases that are of tort in nature does not hurt other knowingly. In most of the cases, damage is caused by chance. Therefore, also there is a major difference in case of punishment in between both the cases. Criminal cases basically involve harsh punishment a s the intention was to hurt the other party while tort cases predominantly attract only payment on the loss that has been caused because of the hurt. The tort cases primarily have two important pillars upon which the entire set of law revolves namely the standard of care and default. Standard of care is a legal phrase that helps the estimable court to identify if the case is of tortious in nature or not. The on a lower floorlying point of dispute for the standard of care is that who actually suffers the actual loss from the injury, is it the person himself or is it transferred to some other party. The other important consideration is that of negligence. The charging party i.e. the accuser needs to prove in the court of law that the damage incurred was because of the negligence on the part of the other party. If is not proved that the damage was because of the negligence, one cannot be held responsible under the tort law.Compensation culture is an ongoing trend especially in the states of England
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