LAW OF TORTS Essay Example | Topics and Well Written Essays - 1500 words

LAW OF TORTS - Essay Example Trespass is identified as a form of redress in case of direct or indirect injury and the system also recognises other civil actions such as defamation as going to be explained in detail below. In the case of tort law, the person who suffers injuries is called a plaintiff and the person who has inflicted those injuries is called a defendant. It is of paramount importance for the claimant to be able to prove that the negligent behaviour of the defendant has caused injuries or loss of business. There are traditionally three elements in the tort action which the plaintiff has to prove in order to be successful in winning the claim. There is need to prove that the defendant owed the plaintiff a duty of care, the defendant breached that duty by falling below expected standards and the defendant’s conduct caused the plaintiff to suffer physical or economic harm (http://legal-dictionary.thefreedictionary.com/Tort+Law). Where it can be proved, recovery for loss can be effected by the court of law. As going to be discussed in detail below, there is need to establish three elements in tort action. Tort action also encompasses negligence which is described as the act of doing something a reasonable man would not do and a plaintiff must prove in such a case that the defendant owes a duty of care (Donoghue V. Stevenson 1932). The House of Lords in the case of Capiro Industries vs. Dickman (1990), proposed the adoption of the following conditions where the three stages should be taken into consideration which include; foreseeability, proximity as well as reasonability. In some cases it may not always follow that a duty of care exists but common sense ought to prevail to avoid an otherwise serious injury to another person or loss of business or profit. Due to the fact that a person may deliberately expose someone to danger or a situation which can cause losses leaves him liable to negligent behaviour where he is