Tort law 2 - Copy.docx - Running head THE LAW OF TORT 1 THE LAW OF TORT Student’s name Course Professor Institutional affiliation Date THE LAW OF TORT

Tort law 2 - Copy.docx - Running head THE LAW OF TORT 1 THE...

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Running head: THE LAW OF TORT 1 THE LAW OF TORT Student’s name Course Professor Institutional affiliation Date
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THE LAW OF TORT 2 Law of Tort The Law of Tort is the set of laws that enable individuals to be compensated for the wrongdoings that might have been done to them (Gardner 2011, p.2). In a case where actions of an individual cause harm to another or damage to the property of another person, the affected person may seek compensation from the defendant through the court of law. The affected person is referred to the plaintiff while the other one causing harm is the defendant. Some torts need intent. This means that some cases have liability for a tort even if the party committing the tort was not intending to commit wrong. Before there will be a liability while other torts don't require intent. Since Torts are civil actions involving private parties, therefore, punishment is excludes fines or imprisonment. Instead, the defendant is expected to compensate the plaintiff for the damages which are in most cases in monetary value. Therefore, the law of tort seeks to fight for justice to individuals who suffer from the actions of others either physically or mentally. Types of Tort According to Keller (2018, p.287) tort falls under three categories namely; Intentional Torts which are the acts committed intentionally against another individual with an intention of causing harm. They include actions such as assault, theft, fraud, and trespassing and property damage. Second is the Negligence Tort, where an individual is accused to be careless for the occurrence of harm to another person. For negligence to be proved the defendant should be owed a task of care the plaintiff suffered due to the defendant's actions and the actions were the proximate cause of the damage. They include medical malpractice, Car accidents, slip and fall accidents among others. Thirdly is the strict liability tort where the responsibility for harm is
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THE LAW OF TORT 3 imposed to the defendant even without a proof of negligence. Examples of Strict Liability Tort include defective products, Animal attack, and abnormally dangerous activities. The case of Gina and Samuel In this case, Gina who is keeping chicken and cockerel on her land, happen that her activities cause both physical and mental damages to her immediate neighbor Samuel. Samuel has suffered losses as his prize grown roses were killed due to the leakage of the pesticides from Gina's holding. Gina had sprayed the pesticides in her boundary fence in order to maintain her smallholding. But the pesticides leaked to the other side of Samuel causing damages. The cockerel kept by Gina also disturbs Samuel with noises when they crow forcing him to play a loud music to avoid those unnecessary noises from the cockerels. The activities of Gina seem to affect Samuel negatively and Samuel, therefore, deserves justice. Putting into consideration the Law of Tort, such a case can be taken to the court of law for justice to be sought ( Graham 2012, p .1241). If Samuel feels that he wants to follow the right procedure for the compensation of harm
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