Law of Tort Research Paper Example | Topics and Well Written Essays - 2000 words

Law of Tort - Research Paper Example Torts can be classified into three categories depending on the nature of the defendant’s conduct: intentional torts, strict liability torts and torts of negligence (Edwards, et al., 2009). An intentional tort is a tort that describes a civil wrong resultant from a deliberate act on the part of the defendant. Intentional torts usually involve actions which may also constitute a crime, for example an assault. However, a tort should be distinguished from a crime. Strict liability torts refer to situations where an individual is liable for injury of another no matter the precautions that were taken. This type of torts is found to a lesser degree, more often than not in the context of product liability. Negligence as a tort decides legal responsibility for slapdash action or inaction which causes injury. Thus, the tort of negligence covers a wide span of human activity and it may not necessarily be concerned with the activity itself but also the manner in which the activity is carr ied out. A negligent conduct is that which falls bellow an acceptable standard and it will mount up to a tort if it causes damage to a party. Negligence will be proved where the defendant owed the claimant a duty of care, the defendant breached that duty of care, the breach resulted to harm or damage to the plaintiff and lastly, the type of damage suffered by the plaintiff is closely related to the defendant’s conduct/actions (Stuhmcke, 2001). The objectives of the law of tort are to compensate victims of injury and loss and protect the interests of individuals that are their reputation, property etc. The other objective of the law of tort is to ensure that individuals check their actions and realize that they affect other people. It also provides the means whereby a person who regards himself or herself as above suspicion in a dispute can be judged by being declared in public to be on the right by a court (Postema, 2002). The person who commits a tort is known as a tortfeaso r and the one to who suffers the damage is known as the tortfeasee. The Duty of Care Element For a tort of negligence to occur, the defendant must have been bound to perform some duty, that is, a defendant is only liable in negligence to a person to whom the defendant owes a duty of care and if this element is absent, the action of negligence will fail (Heaven v Pender, 1883). In this case, an owner of a dry dock supplied ropes that were used to support a phase that has been slung over the ship’s side. The stage failed because it had been previously burned and it injured an employee of a different contractor who was working over the ship’s side. The court held that the defendant, who as the ship owner was liable of tort of negligence because he failed to carry out his duty of care by checking the condition of the ropes before using them (Reid & Zimmermann, 2000). Thereza being an employer of the twenty employees, she has a duty to take due care and diligence when deali ng with them. She has a duty to fairly remunerate them as agreed in the employment contract and provide a good working environment for her workers which ensures employee health is maintained. She is also bound to supply the employees with the necessary tools and equipments to enable them carry out their work and maintain their safety. Another duty of Thereza as the ‘

Assignment 2 Essay Example | Topics and Well Written Essays - 500 words - 15

Assignment 2 - Essay Example cussion by Timiraos in the journal article is that people who are not credit defaulters or have fairly good credit scores below 620 will have the opportunity to own homes at reduced interest rates as well as reduced percentage required for a down payment from 3.5% to 3% in the two leading financial mortgage organizations: Fannie Mae and Freddie Mac. The program by the federal government has ensured that this is possible but not to everybody and not in every financial institutions including banks. What the federal regulation has not shed into light and which if not properly explained might raise hopes of people for nothing is that those qualifying for the 3% down payment are required to not only have perfect credit when it comes to loan payment but are required to have mortgage insurance. Having mortgage insurance is an added cost to the people and hence they are even better off with the 3.5% down payment that was present initially. The banks also offer mortgage loans for the people but they do not do so for everybody and are even afraid to implement the federal regulation as a result of the losses they incur with mortgage defaulters. They are left at losses and in order to avoid this, they select very few people to provide the mortgages to. All is not gloomy about the regulations as is evident from the increase in housing contracts by new home buyers. The sales and contracts from the time the federal regulations were announced have increased by around 0.3% and this is very encouraging. The prices of homes have been increasing which makes buying a house on cash basis very hard for majority of the people. However, with the new regulations, people are bound to get loans to purchase their houses no matter the price. The federal government is trying its best but with the slow reaction and more negative than positive results of the regulations, they are bound to ease the conditions and make better the regulations. The mortgage is most likely to get cheaper and more