• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Types of Tort Law and Relevant Cases.

Extracts from this document...


FACT SHEET TORT The Tort law is the main part of law to do with when people are harmed, it is not criminal or based on any type of contract, an example of tort law would be if the result of a car accident left one driver injured because the other driver was not paying attention. This means the injured person can then sue the driver for not paying full attention as they should have been doing. Most torts are accidents, such as car accidents or also slippery floors which is quite common which results in people falling down and getting hurt. However some torts are done on purpose, this Is called an intentional tort. For example if one person punched another person in the face it would be called an intentional tort which would be classed as battery. Nearly all types of torts cause harm to people or property like a smashed car window. Some torts can harm other factors such as someone's reputation or a business. Most commonly the plaintiff in the lawsuit is telling the court to pay the defendant money to make up for the damage done or the harm caused which could also result in the victim to be affected and lose money. ...read more.


For example if you are a doctor your job is to care for your patients and ensure you are doing your job properly as not doing so could result in injury or even fatal consequences. It is important that as a doctor you are careful when doing things such as prescribing patients the appropriate amount and safe medication. Case 1: Hotson v East Berkshire Health Authority [1987] HL [Tort - negligence - damage - causation - medical treatment - loss of chance of recovery] D the hospital where C, a young boy was taken after he fell out of a tree injuring his hip. The injury was wrongly diagnosed and he was thus given inappropriate treatment. He suffered a permanent disability; the hospital admitted negligence but denied liability. C could not prove that the treatment for his injury had caused his disability and therefore the chances were 75-25 that it hadn't. Therefore they had no claim at all. If C could of proven that the medical negligence was the cause which worsened the condition he would have been entitled to full damage.. Case 2: Ogwo v Taylor [1987] HL [Tort - damage - foreseeability] D negligently set fire to his house while using a blowlamp. ...read more.


As the person who crashed has a duty of care it is up to them to ensure they do not cause any damage or put anyone in danger. The person would then have to pay damages of whatever it cost for the person to fix their car and anything else which could have affected them, e.g. injured their back, the defendant would then have to pay for whatever hospital or physic therapy costs. A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. "Damages: A sum of money awarded by the court as compensation to the claimant. Aggravated damages: Additional damages which the court may award as compensation for the defendant's objectionable behavior. Exemplary damages: Damages which go beyond compensating for actual loss and are awarded to show the court's disapproval of the defendant's behavior" In a tort case It I better when someone poor is injured and suing someone rich as they can then claim more whereas if it is the other way round they cannot be awarded as much damages especially if the defendant doesn't have any money. Sources: http://sixthformlaw.info/02_cases/mod3a/aqa/_cases_tort_3damage.htm#Hotson v East Berkshire Health Authority [1987] HL ?? ?? ?? ?? P1 and P2 Nick Gabb Law ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Tort section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Tort essays

  1. Marked by a teacher

    Discuss the extent to which discrimination is prohibited under English and Welsh law (25 ...

    5 star(s)

    against a person because of their disability in matters of education, employment, housing and the provisions of services. A disability maybe physical or mental and might involve mobility, manual dexterity, physical co-ordination, continence, the ability to lift and carry ordinary object, their use of speech, hearing, eyesight, memory, concentration or learning ability.

  2. Marked by a teacher

    Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and ...

    4 star(s)

    The club as a whole must always make sure that the ground is safe for visiting members of the public. There could also be vicarious liability for the actions of some of its employees. Over the years the clubs have had to conform to new acts that have come into force, particularly the Safety of Sports Ground Act 1970.

  1. What is the meaning of intention in English criminal law? Is it always possible ...

    In W v. Dolbey (1983) Crim.L.R. 681. The child was charged under s.20 Offences Against the Person Act 1861, unlawful and malicious wounding. The Divisional Court quashed the conviction though 'maliciously' meant intentionally or recklessly; this was not 'reckless' in the sense given to that word in Caldwell.


    to light, the right to support or a private right of way. As result of a toxiclear employee (James) dumping highly toxic waste on Ken's land, Leonard's land was damaged due to this he may be entitled to seek damages.

  1. British Law in Health and Social Care

    in similar crimes can be used to determine the punishment for a similar crime. Common Law was created after the Norman Conquest because the British monarchs saw that punishments for crimes were not being given fairly. This is because judgements were made by the noble man of the area and the punishments were handed down from generation to generation.

  2. Law- Negligence

    Hill Samuel Bank [1991], where the defendant was held liable since the claimant had satisfied all three aspects of the test. The courts have also developed the principles from the Hedley Byrne case in Smith v Eric S Bush [1989].

  1. negligence in tort

    The defendant's were held liable in negligence because it was held that a duty of care was owed to him even though the illness he suffered was extremely rare. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant

  2. In this report, the differences between contractual liability and tortuous liability are explained. In ...

    But due to the wiring fault, a fire was caused and escape to the ground floor causing damage to Chemi-Kaze PLC. in this case, Bright Light PLC is placed Strict liability which is the imposition of liability on Bright Light PLC without a finding of fault (such as negligence or tortious intent).

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work