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The Law of Tort - example cases
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| Submitted: Fri Jan 16 2004
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LAW ASSESSMENT The Law of Tort is primarily concerned with provisions of remedies to those harmed by the conduct of others. A Tort can be described as a civil wrong, compensation for which can be claimed by the party who has sustained a loss as a consequence of the committed wrong. Tort is inclusive of negligence and a claimant may succeed in an action in negligence by proving firstly that the defendant owed him a duty of care, secondly that the defendant was in breach of that duty and finally that the plaintiff suffered damage as a result. CASE I A plaintiff can claim in negligence if he suffers financial loss due to negligent mis-statement. 'Special relationship' between parties and the 'special skill' represented by the defendant together with 'Reliable reliance' are the necessary elements required by a Plaintiff for establishing a liability in a professional negligence action. ...
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