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Essay / Research Paper Abstract
This 9 page paper looks at English and Australian case law to illustrate the role that the concept of reasonable foreseeability plays in the tort of negligence. The bibliography cites 15 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEforese.rtf
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Unformatted sample text from the term paper:
of tort, most of which can be seen as internationally uniform. The use of the word tort is usually used to signify as civil wrong that is not part of
a contract or breach of contract. Actions such as libel, assault and trespass all come under the classification of tort as dies one of the more controversial torts; that of
negligence. In looking at this particular tort it is also possible to see that where negligence occurs there may be very complex scenarios, where the events may or many not
be foreseeable. In this paper we will consider the aspect of reasonable foreseeability in tort. For something to be foreseeable there needs to be a consideration of the relationship that
exists between the defendant and the plaintiff, the location of the plaintiff at the time of the incident and manner of the discovery of the incident
When a tort occurs it is actionable, this means that they are grounds for a lawsuit, such as harm resulting in a claim by the injured
party. The remedy of which is generally in the form of monetary compensation for loss suffered. Some torts are also crimes, which can be prosecuted under criminal law and imprisonment
can be handed down by the court, which may be the case with negligence on some occasions. The main aim of tort law is to provide a route to gain
relief for damages received and costs incurred, at the same time as acting as a deterrent to others. Therefore, it is very clear, that where an accident or event was
foreseeable there may be an increased moral responsibility attributed to the defendant, but where there is an indecent that could not have been reasonably foreseen, to punish the defendant may
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