Tort Law Essay Example | Topics and Well Written Essays - 2500 words

Tort Law - Essay Example However, in the two cases, the complainant (the person harmed) has entitlement to compensation by the offender (accused). In the later, the acts that lead to such an injury or loss are not intentional or expected. Nevertheless, there are some torts, which involve accidents that would have been prevented with care and as such does not constitute torts of negligence. Normally negligence torts involve parties that share four elements including, where one party had the responsibility of protecting the other(S) and or the party fails to exercise such care as expected. Moreover, there exists a causal relation between the failure to exercise such care as expected and the harm suffered by the other party as well as there must exist an actual injury arising from such negligence in context. On the other hand, an intentional tort involves the offence by a party, which is well aware of such an impending harm that would result to the other party. The application of tort laws provides that individ ual persons have distinct rights, which the law of the land identifies, and protect2. The infringement of such law accords the harmed person compensation in terms of money. Understanding torts therefore holds that one must establish the act of negligence, the causation, fault, the interest covered by law as well as the actual damage suffered3. Negligence here refers to that act of failure to act in precaution in prevention of a certain happening whose outcome is considered fatal or whose outcome would inflict injuries or such sufferings to other persons. The causation here implies to what would be associated to leading into the suffering. For instance, in the case where David dies of fire in the nightclub, the fire would be said to have caused the death. However, understanding the cause of the fire leads to the question of whose fault it was and in such an illustration, Harry’s careless smoking would justify the fault to be his. Evaluation of the interest leads to an analysis of the legal provisions within the land where one understands what the law says about such an occurrence. The law of tort has a good structure where upon justification of personal liability in causing harm on someone else, then the accused should compensate the claimant as per the provision of the law of the land. The law of tort holds the supremacy of individual rights and therefore works to ensure that other persons do not infringe personal rights through negligence or carelessness4. Upon establishment of the actual damage suffered such as an injury, death and such sufferings caused to an individual, the court requires that such a person is compensated by the person liable of having caused the infringement of his/her right. In the case study, it is possible to define these basic attributes to a tort with special attention to the different players. For instance, the act involved is careless lighting of fire by Harry, which causes David’s death and which is seen to be the fa ult of Harry. Harry’s act of smoking in the office is blamed to have caused the fire and as such, negligence is established with his failure to observe some caution as is necessary. Therefore, David’s death is the actual damage under analysis here. There are however, various aspects of consideration in determining the liability of