Malawi College of Accountancy
SCHOOL OF COMMERCE
BACHOLORS OF MANGING OF INFORMATION TECHNOLOGY SYSTEMS
COURSE
:
BUSINESS LAW
COURSE CODE
:
BUL 116
LECTULERER NAME
:
MRS UCHINDAMI KALUA MAYUNI
SUBMITTED BY
:
HAPPY MASANDA (MA4564)
ASSIGNMEMT NO
:
ONE
YEAR OF STUDY
:
FIRST/ 1ST SEMISTER
DUE DATE
:
7TH DECEMBER, 2023
MODE OF STUDY :
FULL TIME
IMPORTANCE OF THE LAW OF TORTS & THE ELEMENTS FOR DETERMINING
THE TORT OF NAGLIGENCE
A tort is a wrongful act against an individual or body corporate and his, her or its property, which
gives rise to a civil action (usually for damages, although other remedies are available) (Kelly, et
al., 2002). The law of torts seeks to provide legal remedy for the victims from certain form of
harmful conduct (Keenan, et al., 2009). Unlike other remedies the law of torts does not depend
on a contractual relationship. The aim of this essay is to explain the importance of the law of
torts and the elements that help determine the tort of negligence. Some of the importance of the
law of torts include: compensation for harm, deterrence, corrective justice, protection of rights
and interests and social policy and regulation. The elements that help determine the negligence
tort include: duty of care, bleach of duty, proof of bleach, causation and defense.
Firstly, compensation for harm is one of the importance of the law of torts. The law of torts seeks
to provide compensation for individuals who have been harmed due to the careless or wrongful
actions of others. This law allows individuals to seek compensation for emotional distress,
physical injuries, property damage and financial losses. This compensation helps to restore the
harmed party to the state it was before the harm occurred. The compensation is most of the time
in monetary form.
Secondly, deterrence is another importance of the law of torts. The law of torts preventions’
individuals or organizations from doing activities which may cause harm to others. By holding
wrongdoers accountable for their actions and imposing financial liability, the fear of potential
consequences encourages individuals and entities to act with care and responsibility. This
discourages the individuals and entities from doing suck acts because they may be held
accountable leaving them at a great loss.
Furthermore, corrective justice is also an importance of the law of torts. The law of torts seek to
balance the scales between wrongdoers and victims. If aims at changing the imbalance caused by
the wrongdoers to compensate the victims. This ensures that those responsible for causing harm
bear the burden of changing the harm they have caused. This law makes sure that those who do
wrong are punished and face the consequence of their actions.
In addition, protection of rights and interests this is another importance of law of torts. The law
of torts protects a wide range of rights and interests, including bodily integrity, property rights,
reputation, privacy, and economic interests. It provides a legal framework for individuals to seek
redress when their rights and interests are violated. By recognizing and protecting these rights,
the law of torts promotes a just and fair society.
Moreover, social policy and regulation is another importance of the law of torts. Tort law often
reflects societal values and public policy considerations. It can influence behavior and shape
social norms by establishing standards of conduct and liability. For instance the law of torts has
played a significant role in areas such as production safety, environmental production and
consumer rights. By imposing liability for harm caused by defective products or environmental
pollution, this encourages companies to prioritize safety and responsibility.
Furthermore, duty of care is an element of negligence tort. A person is not automatically liable
for every negligent act he or she commits (Kelly, et al., 2002). In order to establish duty of care
there has to be a sufficient relationship of proximity or neighborhood between the plaintiff and
the defendant, in a way that a careless act of the defendant could affect the plaintiff. In order to
impose a duty of care the court must question if: the harm caused was reasonably foreseeable,
the proximity of the relationship between the plaintiff and the defendant, and in all the
circumstances is it fair to impose a duty of care.
In addition, bleach of duty of care is another element of the negligence tort. One the claimant has
established that the defendant owes him or her a duty of care, he or she must then establish that
the defendant is in bleach of this duty (Kelly, et al., 2002). The age of either the defendant or the
plaintiff will determine the extent of the duty of care to be exercised. The degree of the duty of
care is flexible in accord: the likelihood of injury, the seriousness of the risk, cost and
practicability, social unity, etc.
Moreover, proof of bleach is also an element of negligence tort. The burden of proof in
establishing breach of duty normally rests on the claimant (Kelly, et al., 2002). There cases
where legal proofing is burden by the plaintiff requiring him or her to show the negligence of the
defendant, but there are some cases where proofing is switched to the defendant. Some cases
speak for themselves and these cases do not need detailed evidence to, the court will make an
inference from the facts.
In addition, causation is another element of negligence tort. The claimant must show that he or
she has suffered some injury, but it does not necessarily have to be physical injury (Kelly, et al.,
2002) .Causation determines whether the defendants conduct caused the harm for which the
plaintiff seeks compensation. There two types of causation called but-for and legal causation.
But-for asks whether the harm would have happened without the defendant’s action, and legal
causation considers whether the defendants’ actions were a legally significant cause of harm.
Lastly, defense is also an element of negligence tort. The extent of the liability of the defendant
may be reduced or limited by one of the defenses commonly pleaded in negligence actions
(Kelly, et al., 2002). In other words the defenses are arguments that defendants raise to counter a
plaintiffs claim of liability. In some cases the plaintiff may have contributed to his or her own
injury, in cases like this the amount for the damage will be reduced accordingly.
In conclusion this essay has explained the importance of the law of torts and the elements that
help determine the tort of negligence. Some of the importance of the law of torts explained
include: compensation for harm, deterrence, corrective justice, protection of rights and interests
and social policy and regulation. The elements that help determine the negligence tort explained
include: duty of care, bleach of duty, proof of bleach, causation and defense.
References
Keenan, D., Riches, S. & Allen, V., 2009. Keenan and Riches Business Law. 9th ed. Edinburg: Pearson
Education Limited.
Kelly, D., Holmes, A. & Hayward, R., 2002. Business Law. 4th ed. London: Cavendash Publishing Limited.