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Essay / Research Paper Abstract
This 3 page paper examines the principle of fault in tort law. The paper outlines different types of fault and where and when it proof of fault is required. The paper then considers the purpose the principle serves and why it still has such an important place. The paper is written with reference to English law. The bibliography cites 5 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEtortfault.rtf
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Unformatted sample text from the term paper:
unsurprising as 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). Actions use as libel, assault and trespass all come under the classification of
Tort (Ivamy, 2000). There are different types of fault that may be relevant to a tort case. If we assume that the relevant act or omission that creates the potential
for a tort has taken place, the fault also needs to be shown. This may be in the form of intention. This is a state of mind, vandalism, where there
is purposeful damage may fall under this type of fault, but it is not the only fault. This can sometimes be difficult to prove at it relates to a state
of mind. For example, if a boy throws a ball at a window he may be intending the break the window, but he may not, and as such the intention
is different (Elliott and Quinn, 2001). When we look at cases such as Anns v Merton Borough Council (1978) and Haley v London Electricity Board (1965) cannot be seen as
having an intention to create harm. This leads to the presence of fault through negligence. This ma also be seen as a state of mind, but this time it is
carelessness. The test is usually that for foreseeable, as seen with the cases cited above. This may mean that someone did not take care, this may be by the carrying
out of an act, or by omission. However it is worth noting that where there is negligence the fault needs to be shown to have taken place where the defendant
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