Tort of Negligence Analysis

Document Type:Research Paper

Subject Area:Law

Document 1

Tort of strict liability is another type of tort where an individual can be charged with the responsibility of casing harm or injury to the other without proving whether it was a result of negligence or not. As long as the other party has been caused some kind of harm the party responsible is charged with tort of strict liability. Negligence is another tort and have been discussed in this paper extensively. Tort of negligence An individual is accused to have committed the tort of negligence if they fail to act responsibly to someone whom they owe a duty of care, even though it is not a deliberate action it is a tort (Hill, 1991). There are several elements that constitutes negligence and a claimant must prove them for the defendant to be held legally responsible.

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According to the law there are several exceptions with regard to this element and this includes the fact that there are some social benefit that made the responsible party not to provide the duty expected (Hill, 1991). If there are practical reasons why the party failed to provide the necessary care the party would also not be accused of breaching his duty of care towards the other party, some of the practical reasons include unreasonable costs being accompanied with undertaking the right actions (Clerk et al, 1995). If the defendant is a member is a professional the court judges their actions against the guidelines of the profession rather than what an ordinary person would do. In this case the bodyguard owed Kim a duty of care and they breached it.

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Their reasons for the breach of duty are unreasonable and not under the exceptions provided for under the law of negligence (Clerk et al, 1995). According to the elements that amounts to negligence, the bodyguard is proved to have committed the tort of negligence. He owed Kim a duty care, which he breached leading to financial losses. Legal remedies available for tort of negligence According to the law if the party is proved to have committed the tort of negligence they are supposed to pay the claimant some damages to compensate them for any losses suffered. The damages are meant to place the claimant back to the position they were in just before the incident occurred, if the claimant makes any gains from the compensation that would be illegal (Mothersole, Brenda & Ann, 1995).

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There are different types of damages which includes special damages, general damages, punitive damages and aggravated damages. They are aimed at discouraging the defendant from committing such kind of negligence again as long their relationship with the claimant exists. Compensatory damages can also be given to a claimant to make them whole again in case they have been injured due to negligence of the other party. Aggravated damages can also be awarded and they are usually awarded where the specific tort had been committed to ruin the dignity and pride of the claimant. In this case of Kim versus his bodyguard, Kim can be offered all this category of damages but the main one would be special damages since he incurred loss of his jewelries which can be quantifiable in monetary terms (Hill, 1991).

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Kim will be compensated the loss of his 500 dollars jewelry since it is the bodyguard that didn’t play his duties. The most important thing for Kim to ensure is that they have come up with a way to coerce the bodyguard and hence ensure he doesn’t get distracted from his work again. This method is more suitable because it will protect the relations between Kim and Simon and hence they can still work together. Reconciliation is another method to solve disputes between two parties where a third party is involved to help the parties reach a solution (Sherman, 1992). The third party cannot make any decision for either party and he interacts with the two parties separately and then act as a means of communication between the two until a solution is reached.

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Mediation can also be used to solve conflicts between two parties (Mcmillan & Christopher, 1999). A contract is legally enforceable if either of the party fails to fulfill his part of the agreement. The bodyguard didn’t play his part Kim has a right to sue on failure of the other party to act as agreed in the contract. There are several types of damages that Kim can be compensated with but it depends on the type of dispute resolution method that he chooses. He may choose to solve the dispute through legal methods such as litigation or through informal methods such as negotiation and mediation. Works Cited Clerk, John Frederic, William Harry Barber Lindsell, and Margaret Brazier. “Tort of negligence. ” A-Level Law in Action.

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