LAW OF TORT

UK Law of Tort and Standard of Care



Table of Contents

Introduction3

Rules Applied By The Court3

Standard Of Care in Negligence4

Highlighting Significant Points5

Classification of Law of Tort by UK Court7

Court Rule of UK and Its Role in Discouraging Unwanted Behaviour7

Conclusion10

Annotated Bibliography12

References14

UK Law of Tort and Standard of Care

Introduction

UK court rules on tort assist in discouraging behaviors that can harm others by maintaining a proper standard of care(Goldberg, 2008, pp. 20). Their overriding objective is to achieve the aim of encouraging people to take care in their everyday activities. Law of Tort plays a crucial role in promoting the benefits and controlling the risks of civil torts that remain uncovered under the criminal jurisdiction. This paper explores the impact of UK Court rules in determining the standard of care in negligence achieve the aim of encouraging people to take care in their everyday activities. It also explores does the court's actions discourage behaviour, which could be damaging to others.

Tort law is often treated as synonymous with 'accident law'. In reality, this is misleading as tort addresses many situations that go beyond compensation for accidents. Law of tort establishes the principal mechanism for the provision of compensation for personal injuries through the tort of negligence. In this context, majority of people are most likely to encounter it in their day to day activities (Cees, 2006). The institutions of Tort law and civil justice have come to play a prominent role in European politics. The expanding influence of courts is evident in domestic issues, civil human rights, and social regimes.

Rules Applied By The Court

Increasing legal intervention in society to address the wrongful acts of others has taken the form of courts rules for the state legal system. This resulted in enforcing established legal rights founded in contract, tort, or property, or infringement of tort law. Initially, this was acceptable as vindicating the notion that social governing bodies and people are subject to legal rules and enforcement processes in the same way as other organizations and individuals in the overall context. Over the past 20 years, the relentless increase in civil litigation, in developed legal systems, has brought about a re-think of increasing tort issues. The drawbacks of such intervention in terms of costs, delays, antagonism, and emerging legalism has prompted a shift toward alternative dispute resolution (ADR) as preferred policy (Sarnoff, 1996, pp. 77). ADR is a powerful and pervasive international movement well entrenched in social relations of neighbours, family disputes, and factors covered under the tort law.

The interaction and precise division of responsibility between the people in the civil context are often far from clear, especially in the disciplinary sphere and duty of care concern. The constitutions and any formal concordats need to be carefully consulted prior to resolving this question on duty of care.

Standard Of Care in Negligence

Negligence is an unintentional tort claim in the UK legal system that can be defined as a failure to act with reasonable care, and results in injury to another ...