Tort law Essay Example | Topics and Well Written Essays - 1000 words

Tort law - Essay ExampleIn fact, a number of critics have advocated for an amendment of this law. In its general statement, at that place is no absolute obligation of an individual to a duty, but there is a duty not to cause defile. This article will focus on the general application of this law, as well as the various exceptions that are provided. The tort law is employ to govern the actions of ordinary persons or professionals that can cause harm to those under their care. The tort law is usually applied to prevail the right of an individual who suffers psychic trauma as a result of wear of duty by their caretaker. In the court, this is accomplished through financial compensation or an injunction. Financial compensation mover that the injured person is compensated with money that is perceived to be equivalent to the damage or wound that they incurred. Injunction refers to the stoppage of an unfair act that causes harm to the subject. The person who is placing such a suit is called the complainant, while the sued person is referred to as the defendant (Lunney& Oliphant, 2008). This law is characterized by a number of elements. First, an element of duty or responsibility must be evident. For example, the wet-nurses in a hospital have a duty to ensure that all the beds used by patients are convenient and in order. Secondly, the element of negligence must exist. Negligence refers to the misadventure to implement the expected duties hence causing harm to the plaintiff. A right-hand(a) example is when a nurse fails to check the condition of a bed and it breaks down resulting in an injury to a patient. In such a case, it is obvious that the patient suffered injuries because the nurse failed to conduct their duties as expected (Lunney& Oliphant, 2008). Therefore, the implementation of this law requires that it is proven beyond doubt that the Offedant had a duty to offer care to the plaintiff but breached this duty. Also, there must exist a causative relat ionship between the damage and the negligent action. This means that the law only qualifies if the damage was a result of the breach of duty. Hence, the judge needs to establish that all these elements are present in the case before passing any judgment. In professional application, negligence refers to the failure to act in accordance with the set standards of the duties of a competent practitioner. For instance, the doctors must meet the set professional standards in medical practice. If any harm results from via media of set standards, then the doctor would be liable (Lunney& Oliphant, 2008). In comparison to the Saudi law, the Tort English law is more efficient in fend for the subjects of injury or damage. This is because it gives the plaintiff a privilege to act as an adequate witness in court. The major drawback in Saudi law is that the plaintiff is not allowed to testify. The subjects of the case are regarded as unreliable and biased witnesses. Therefore, the plaintiff is a llowed only to provide written allegations before the court. On the other hand, the defendant is allowed to defend themselves orally. This is a disadvantage for the plaintiff as the Saudi law puts more weight on oral testimony than on written allegations. A good example is a case in Saudi court that involved a British citizen who had visited Saudi on vacation. He suffered a spinal injury as a result of being hit by an overgrown Coral while sitting on a wooden platform. The plaintiff bemused the case. Other disadvantages in Saudi courts are lack