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Posted By P.J.O'Callaghan
I am trying to get my head around a test paper question and would appreciate some help from someone who understands law. the question is as follows.
" The Law of Tort and the courts play a major role in ensuring an adherence to health and safety in the workplace". Discuss this comment with referance to case law, and comment briefly on how the couts system could be reformed to improve health and safety in the workplace.
I know that Tort is a wrong doing but I cant seem to get my head around this question. If you can be of assistance I would really appreciate your help.
Regards.
P.J.O'Callaghan
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Posted By Adrian Watson
Torts are civil rights of action for the recovery of damages by persons who have sustained injury or loss from acts, statements or omissions of others in breach of duty or contravention of right imposed or conferred by law. The same circumstances may give rise to claims for breach of contract or in tort. Many tortious acts are also crimes.
Regards Adrian Watson
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Posted By Dave Wilson
Adrian,
Staright from Tottenham matey!
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Posted By Mark Talbot
PJ, think of Tort, and Civil Law as the way that we as a society support those hurt by others.
Whilst laws can be written and enforced by Government, they seldom allow for an individual to seek recompense for hurt.
Tort (Negligence, Trespass, etc.,) allows an individual to seek justice for a 'wrong' and the Court decides whether that wrong was the fault of the other party.
To succeed the wronged person must prove Duty, Breach and Damage. A duty of care was owed, a breach of that duty took place, and damage was suffered.
It is an extreemly useful provision and is the very heart of the 'claims culture' which I personally think is more effective than regulation at times.
You need to do some reading to get specific. Look up the cases of Donahughe (sp?); Bolton; Stevenson; and you will start to find other cases which should start to explain things. Get a book on English Tort - do a Google search.
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Posted By stuart cross
I think the more interesting part of this is the second...how can the part that reads:
"comment briefly on how the couts system could be reformed to improve health and safety in the workplace."
I think that the examiners are asking for an opinion on no fault liability here and whether the law should be reformed so that criminal law does not take presidence over civil law when someone is suing for recompence.
Come on you clever people lets discuss this quesion and help PJ anyone can understand what Tort is....... ;-)
Stuart
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