Tort


Task 1.1
Tort
contract
This is a civil wrong doings A tort is a civil wrongdoing for which the person committing the tort may have to pay money or punitive damages to the party who suffered from injury as a result of the tort. Torts are sued to court by the injured party.it could be less phycialy like breach of contract it have politiff and defended
This is a legal binding document between two or more party over anything
it have some specific elements like offer ,
acceptance, consideration intension to creat legal relationshipand this is not complete without these elements

Task 1.2
Tort
Crime
This is a civil wrong doings A tort is a civil wrongdoing for which the person committing the tort may have to pay money or punitive damages to the party who suffered from injury as a result of the tort. Torts are sued to court by the injured party.it could be less phycialy like breach of contract it have politiff and defended
??This is a criminal wrongdoing prohibited by the government for which the person committing the crime may be sentenced to jail or be fined. The government initiates the presecution for a crime.
It will have defended and victim
Task 2.1
In this case the intentional tort was commited by teacher An??intentional tort??is a category of??torts??that describes a civil wrong resulting from an intentional act on the part of the work ??. The term??negligence, on the other hand, that tort that simply results from the failure of take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken. So here teacher was not fully organisied and he did not take sufficent care
Task 2.1
there was a defamation of this teacher because he got fired from school and it will affect his reputation Defamation??is the act of harming the reputation of another by making a false statement to another person. The act of defamation may be through a false written or oral statement.
Libel is the legal term for a written defamatory statement; slander is the legal term for an oral statement. In order for a statement to be defamatory it must be both false and communicated. If the statement is true, it does not harm the person's reputation, so here the reputation of teacher was badly affected but defamation was true because teacher have done intentional tort
http://biztaxlaw.about.com/od/glossaryd/g/defamation.htm
The damages are that teacher was fired from organigation it could put affect on his next employment so it was as a bad part of his profession
the defended in this case would be The student's parents, the principal because they are responsible for that but I think teacher is responsible for that because he was unable to complete his duty he was not well organised I mean he did not take full care of students

Task 2.2
it was negligent misstatement because teacher gives advice, information or an opinion to students p in circumstances where students reasonably relied upon the advice, information or opinion, the teacher may be liable for any loss or damage caused if the advice, information or opinion was given negligently. So now teacher is responsible for that damage according to oxford reference An action for negligent misstatement arises where Party A is carelessly made a statement to Party B, where the relationship between the parties is such that Party A owes Party B a duty of care. A negligent misstatement claim is brought at common law in??tort.
The terms 'negligent??misrepresentation' and 'negligent misstatement' are often confused. Generally, an action for any form of misrepresentation is between contracting parties, whereas an action for negligent misstatement may be invoked whether or not a contractual relationship exists.

Task 2.1.2
In this case miller and company was totally reliable on the statement of bank so it was responsibility of bank to give then correct information to miller&company ltd so this bank put there reference when miller &company ltd about the financial stability at this time bank said yes this company is a respectively constituted company
Task 3.1.1
In this case that was a negligence statement because the damage was done by forklift operator because the group impulsively take charge of forklift only after one day
one second time Sancho call josh to stop forklift operator because he was destroying worksite so josh neglected the advice of Sancho
third time when Josh asked Sancho that can your worker can do work at your own than he replied yes they can do it and he described as a great bunch

Task 3.1.3
In this case Josh and Sancho would be the defenders because they are responsible for tort which they have done
Task 3.1.4
In this case josh will be vicariously liable because A situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control so josh had control over this situation but he did not control it
Task 3.1.5
at this stage both parties blame each others like one party can say that the machinery we were using was not good enough for this task and they will try to protect own sides
Task 3.1.6
Contributory negligence, construction of references to ??Contributory negligence, court may reduce plaintiff's damages ??where 2 or more persons are liable to pay damages ??on party's right to recover workers' compensation so in this case as a plaintiff contributory act would be apply for me

Source: Essay UK - http://lecloschateldon.com/free-essays/law/tort.php


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