Here is the synopsis of our sample research paper on Potential Liability Following a Train Crash. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 9 page paper considers a case supplied by the student where a series of errors leads to a train crash killing fourteen people. The paper looks at the potential liability of the train company under both tort and criminal law. The paper is written with reference to English law. The bibliography cites 5 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEtrainc.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
a series of mistakes, including the passing of red lights where there has also be an alarm deactivated and a failure to have the correct number of people in the
drivers cab. In advising the train company of the potential liabilities there are two areas of law that need to be considered, tort and criminal.
Tort means a wrong, the term comes from tortum which means wrested, wrung or crooked (Ivamy, 2001). 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 (Ivamy, 2000). Torts are also 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 (Anonymous, 2001). Some
torts are also crimes, which can be prosecuted under criminal law and imprisonment can be handed down by the court. There are three main categories of Tort, these are, intentional
tort, negligent tort and strict liability tort. In this case it is negligent tort that needs to be considered. The first aspect is
to consider if a tort has occurred in the accident. to proceed we need to ensure that it is recognised for any case to be brought there are several factors
that needed to be satisfied. These were that the defendant had a position where they owed the plaintiff a duty of care, that the damage was a result of a
breach of that duty of care, and that the harm suffered or damage originating from that breach (John, 1996). Looking at whether there
...