Law of Tort
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Tort Law
The law of torts is among the major branch of civil obligations. Other obligations in this class include restitution and the law of contracts. The law of torts mostly majors on the need for a person to be compensated for an issue that may have affects his or her life. Unlike most civil laws, the law involves private parties, which can be either be private companies or even individuals. The person found guilty in the scenario is expected to pay damages for the violation of interests. Therefore, due to this, it is important to analyze the case at hand and to apply the law of torts to explain whether the involved party should pay damages and the procedure to follow in paying the damages.
Application of the Law of Torts
In simple terms, the law recommends that the liable person should pay damages to the affected individuals. In this case, the garage offered a car with a non-functional brake system that led to the accident. On his way to work, Mark could have done nothing to control the vehicle or even to stop it at the traffic lights. Therefore, after assessing the condition, the garage may be required to pay all the damages, from the injury of one of the victims to the mental suffering observed among two of the victims[1]. In some cases, the law demands that the liable party should pay additional damages, which are known as punitive or exemplary damages. These charges are similar to fines only that unlike fines that are paid directly to the state, exemplary damages should be paid to the affected individuals. If the garage is found guilty for the occurrence of the accident, then the organization may be forced to pay punitive charges to Belinda due to leg amputation, Adel due to mental suffering, and inability to work for 3months and also Nisha for the mental issues.
Before determining the right legal procedure for the case, it is important to evaluate the case to determine which type of torts should be applied. Several types of violations can lead to paying the damages. The most common include trespass and even negligence. Trespass is classified as person trespass, land trespass, and chattel goods. Person trespass is also classified into factors such as false imprisonment, assault, and even battery[2]. Trespass of land is often observed when machinery loses control leading to damage of properties in the neighborhood. In all these situations, the offender needs to pay damages as recommended by the law of torts.
The second common type of legal issue that may demand the application of torts is negligence. For damages to be paid due to negligence, the plaintiff needs to have several proofs to show that the person was liable for the event. Some of the proofs include that the plaintiff should show that the defendant had the duty of care, and thus the occurrence of the event is a violation of the duty. In addition, the plaintiff needs to validate that the event was not too remote.
Advise Mark, Mary, Belinda, Adeel and Nisha as to any claims they may
Have in negligence
Summary of the Case
The case at hand involves an accident that occurred due to mechanical issues. From the case, Mark’s car has some mechanical problems, a situation that forced him to telephone a local garage for repair. The garage offered him a courtesy vehicle to use as his vehicle was being repaired. Unfortunately, as he was proceeding to work, as usual, he noticed that the brakes were not fully functional. The issue led to an accident that involved several victims. The first victim was Belinda, whose leg was amputated due to unnoticed internal bleeding. Also, two victims were affected psychologically due to the occurrence of the accident. Adeel is reported to suffer from anxiety, a situation that forced him to apply for three months off, while Nisha is still suffering from flashbacks due to the occurrence of the accident.
Steps of a Negligence Claim
According to Quality Solicitors, there are six distinctive steps of making a professional negligence claim in the court of law. These six steps form the basis of discussion of the topic and are instrumental in enabling an individual to understand what to do in case one is involved in a case of the tort of negligence.
Step 1: Error or Bad Advice Received
From time to time, human beings rely on the advice and services of experts to make a decision on anything they want to perform. However, if such advice or service results in harm or loss, the affected individual can file a lawsuit case for compensation. However, for the claim to be successful, the following three conditions must be fulfilled.
Negligence
The advice or service offered was so bad to the extent that it fell below a reasonably acceptable standard of a profession or trade
Causation
The service or good offered was so bad that it caused harm or led to financial losses, suffering, or injury. In order to win a claim in such a scenario, one must be able to prove not only negligence but the cause of accident or harm as well.
Valuation
The value of the harm or loss caused must be valuated (“quantum”)
In the above case, the first step is applicable. Mark used the courtesy car to begin his journey, but the car was negligently serviced, and the brakes did not function properly. If the first step is to be considered, Mark has a right to sue the company that had to lend him the vehicle because had they offered a vehicle that functions properly, the accident would not have occurred. Therefore, the first step of negligence is dealt with before proceeding to the next step. This first step does not require a lot of research but is something clear. The truth is that the faulty brake of the vehicle is the proximate cause of the accident because had the company informed Mark that the vehicle that they have to lend him had a mechanical problem, he could have proceeded with due care and always attentive while using the vehicle. Unfortunately, that did not happen, and the accident took place.
Step 2: Claim Notification
Once the complainant has gathered all the facts about the case and is convinced that an error occurred, then affected persons have a right to report the matter and notify parties to involve so that they can also prepare for the lawsuit? Once notification of claims is made, the office of Solicitor is supposed to consider all the damage claims within the provisions of both Public Works Appropriation and Federal Tort Claims Act and determine the scope of the case[3].
Based on the above case, there is an accident that has occurred and caused injury to the third party. Since the vehicle offered to Mark had a mechanical problem, it became hard to control the vehicle, and it crashed, leading to the kind of accidents listed above. Therefore, making claims for consideration is inevitable in the above case.
Step 3: Evidence
For any tort claim to be successful, the complaint is required to present evidence before the court of law that held the defendant reliable for the injury caused. Various factors need to be considered in analyzing negligence torts[4]. A careless mistake does not always lead to the penalty tort unless the plaintiff has proven that the defendant had the duty to prevent the occurrence of such events[5]. Although the duty of care has several controversies in law, it acts as one of the considerations in determining whether the defendant should pay the torts to the plaintiff. In addition, the issue of foreseeability should be considered. Foreseeability explains the ability to predict that the activity initiated by the defendant could lead to a disaster. All these factors need to be assessed before the defendant is demanded to pay the damages.
In the above case, if the evidence is to be gathered and presented before the court of law, Mark is liable to compensate the victims of the accident because he failed to test the vehicle to be sure, it functions properly before using the vehicle on a public road where there are many people who commute. Mark might be charged for careless driving and driving a vehicle that puts the lives of members of the public at a greater risk[6]. Mark may not get compensation from the company because he was accorded adequate time to inspect the vehicle. If the vehicle had any issue, Mark should have asked or called expertise within that field to assess the vehicle and give appropriate advice on whether the vehicle was in good condition to be used in a busy road. It was Mark’s obligation to be sure the vehicle was safe before agreeing to use.
The evidence part requires in-depth analysis because if Mark evidence to present before the law to indicate that the company that issued the vehicle gave falsehood information on the condition of the vehicle, then the court may dig deeper into the case and look at all the pieces of evidence presented and relate them to various case laws to make a ruling on the case presented before the jury[7]. If there is evidence that shows that Mark was misled and to accept the vehicle, then the company that gave the vehicle to him will be liable for negligence on the part of failing to reveal all information on the condition that they gave Mark.
Step 4: Negotiation
This the fourth step. The defendant is allowed to defend themselves and plead for leniency. Leniency involves negotiating for the price to pay as compensation to the victims.
Step 5: Court Assessment
The court assesses the evidence presented before the jury, and they make a ruling on the case. The jury will consider the facts presented before the court before making a ruling on the case.
Step 6: Compensation
This is the last step in the steps of determining the outcome of negligence cases. The court looks at the extent of damage and makes a ruling on the amount of compensation depending on the level of injury caused to the complainant.
References
Cypher, Rebecca L. “Demystifying the 4 Elements of Negligence.” The Journal of Perinatal & Neonatal Nursing 34, no. 2 (2020): 108-109.
Noah, Lars. “Go, Sue, Yourself: Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms.” Fla. L. Rev. 70 (2018): 649.
Peoples, Lee, and Vicki Lawrence MacDougall. “Negligence: Purpose, Elements & Evidence: The Role of Foreseeability in the Law of Each State.” (2018): 1-440.
Stace, Victoria. “Directors’ Liability in Negligence-Challenging the Elements of the Tort Approach.” Victoria U. Wellington L. Rev. 47 (2016): 485.
[1] References
Cypher, Rebecca L. “Demystifying the 4 Elements of Negligence.” The Journal of Perinatal & Neonatal Nursing 34, no. 2 (2020): 108-109.
[2] Cypher, Rebecca L. “Demystifying the 4 Elements of Negligence.” The Journal of Perinatal & Neonatal Nursing 34, no. 2 (2020): 108-109.
[3] Noah, Lars. “Go, Sue, Yourself: Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms.” Fla. L. Rev. 70 (2018): 649.
[4] Stace, Victoria. “Directors’ Liability in Negligence-Challenging the Elements of the Tort Approach.” Victoria U. Wellington L. Rev. 47 (2016): 485.
[5], Noah, Lars. “Go, Sue, Yourself: Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms.” Fla. L. Rev. 70 (2018): 649.
[6] Peoples, Lee, and Vicki Lawrence MacDougall. “Negligence: Purpose, Elements & Evidence: The Role of Foreseeability in the Law of Each State.” (2018): 1-440.
[7] Peoples, Lee, and Vicki Lawrence MacDougall. “Negligence: Purpose, Elements & Evidence: The Role of Foreseeability in the Law of Each State.” (2018): 1-440.