Type of paper: Essay

Topic: Crime, Tort Law, Social Issues, Standard, Duty, Business, Damage, Difference

Pages: 1

Words: 275

Published: 2020/10/17

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Business

Question1.
Crime is the wrong emerging from an infringement of an open obligation. A tort is a wrong emerging from the infringement of a private obligation. A tort is a wrongful demonstration that harms or interfere with someone else's or property. The charged is the respondent, and the exploited person is an offended party. The charges are brought by the offended party. The litigant needs to pay harms to the offended party on the off chance that the respondent loses. In any case, a crime can likewise constitute a tort. Case in point, physical attack is a tort, yet it is likewise a crime. An individual who is attacked may bring criminal accusations against the attacker and may likewise sue the aggressor for harms under tort law. A worker's robbery of his manager's property constitutes the crime of theft and the tort of change.

Intentional torts are a deliberate demonstration to do damage to an alternate. On the other hand, negligence occurs due to carelessness. It can be defined as neglecting to act to correct an issue that can result in damage to an individual. For a tort to be defined as Negligence requires certain components to be congregated. All the accidents on roads, for instance, fall under the category of negligence. Whereas, an Intentional Tort is not quite the same as carelessness in the way that it falls into a classification of torts that requires the respondent having had the aim to do the demonstration that brought about the offended claimants’ wounds.

Question3.

Breach of duty may be found to exist where the respondent neglects to meet the standard of consideration needed by law. When it has been made that the respondent owed the petitioner an obligation of consideration, the inquirer should likewise exhibit that the litigant was in Breach of duty. A litigant must, for the most part, meet the standard of care, In order to not to Breach a duty of care. The court controls the standard of care by taking a gander at what a sensible individual would have done in the same circumstances. Where a litigant has acted in a nonsensical way or their activities fell well beneath the standard expected they will be found to have breached their obligation of care.

Question4.

The Defendant tries to persuade the court that the case is of Negligence rather than Strict Liability on account of the fact that the claimant could not easily prove any case to be a case of negligence as a lot of elements are involved in “negligence” and each of it should hold a proven link to the damage caused. On the other hand, it also eases off the burden for the defendant, when a case is claimed as “negligence case”. Because the claimant is held responsible for performing the duty without doing any careful consideration that proved to be the source of damage.

References

Bitsoflaw.org,. (2013). bits of law | Tort | Negligence | Breach of Duty: Standard of Care. Retrieved 28 January 2015, from http://www.bitsoflaw.org/tort/negligence/study-note/degree/breach-of-duty-standard-reasonable-care
Ryerson, L. (2011). Business Rap: The Difference Between an Intentional Tort and Negligence. Moobrowncow.blogspot.com. Retrieved 28 January 2015, from http://moobrowncow.blogspot.com/2011/10/difference-between-intentional-tort-and.html
Travis G. Black,. (2011). What is the difference between a tort and a crime? - Travis G. Black. Retrieved 28 January 2015, from http://www.travisblacklaw.com/resources/what-is-the-difference-between-a-tort-and-a-crime/.

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