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Comparitive substantive law
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| Submitted: Fri Jan 28 2005
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COMPARITIVE SUBSTANTIVE LAW In both English and U.S. law negligence is one of the most important areas in tort. A tort is a liability that is normally a breach of duty laid by law, which results in damages to the plaintiff if they succeed in the claim. In the English law of negligence the main concept is, is there is a duty of care, so this means not every act that is negligent and causes harm may lead to their being some kind of liability. The plaintiff may seek an action in negligence if they can establish: 1- If the defendant is at fault or owes a duty of care; 2- That there is some breach of duty (if not breach, no duty of care); 3- And that the breach has caused the harm. It is the law, which decides if there is a legal duty of care owed, or not. There are 5 critical points...
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