Tort Law Essay Example

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There are some finding on the matter form the further research that you requested to the TLG to do an analysis and a clear summary of the potential negligence and the premises liability risk that the GC was opted to face in their overall business operation. As compared to the criminal law, the tort law there is no need of defendant (GC) who has a particular intent OF committing a crime that can poetically injure another collogue for which the company will be held liable and the will be required to pay for the whole damage and hence negligence is one of the major factors that contribute to tort liability.

There are mainly four elements of the tort; "the due care breach of duty," "the connection between the injury and the cause" "the defendant duty due care that he had" and "the actual loss or damage" (Jackson, 2016). The tort and contract law has been considered by far as the most numerous civil litigations. There are basically 3 kinds of tort: the negligence torts, the strict liability torts and also the intentional tort. The intentional tort is mainly brought about by the intentional act while the other unintentional torts are basically caused by negligence.in most cases both the intentional and the unintentional torts basically mean some major fault on the part of the defendant. In most strict liability torts, it doesn't matter the fault and hence they mainly require the defendant make for all the victim losses. even in some critical state where the defendant was not even careless and there is no clear intention to cause harm.

Basically, the tort law tries to make up for the damages to the victim by awarding the damage to a successful plaintiff who has demonstrated that the defendant was the main cause of the losses. It's important to understand that any judgment that is against a particular defendant in a tort civil suit it's never in terms of jail or even a fine but it's always in terms of money which only involve the replacement of all the damage incurred (Luntz, 2017). Which can involve making compensation for the all the lost wages and sometimes medical compensation and also some money which act the approximation for the pain inflicted to the person?

There are three scenarios that the GC could face in regard to the potential tort liability and risks if the following scenario were neglected.

Example one

According to the tort law, the GC will not be liable for any employee injury taking place during the performance of any cleaning service s on any client commercial duty property it's actually the owners who be liable. For the GC to win the premise of the liability case, any injured GC member will have to prove that there was negligence in regard of maintenances the equipment's or the property and hence they failed to provide sufficient care of the property. Its very important to note that even if the employee was injured by the equipment it doesn't mean that the owner of the equipment was negligible (Luntz, 2017). All the injured need is proving that the employee knew and had enough knowledge that the property was unsafe for use and did not follow any procedure to try to correct the error.

A good example is if the electrical wires on this premise were loose and not properly secured and hence caused GC's member or employee to trip and fall which result to an injury the overall owner of the wires will be liable for the act of negligence (Jackson, 2016). But if the employee fell down for not paying close attention or he carries overload he might be able to win the suit about liability against the owner of the property.

Example two

For this particular case, GC could be accountable for this case of employee injury. the GC employee, however, must be injured with working hours and for him to have high chance to win the premise the employee of GC must prove that the GC was negligent enough in any regard to the maintenance of the property and failure of the GC to use reasonable care for the particular property. GC must be aware of the property maintenance.

An example is when the office chairs and desks that are used are very unsafe and old and for some instance, one chair breaks and the GC employee fall down and hurt himself or herself hence GC will be liable. But in other instance that the employee falls down from the chair while he was swinging the GC will not be liable for this particular case (Luntz, 2017).

Example three

It's true that the GC could be liable if the customer is potentially injured on any premise of GC 's public workplace. Though for them to win the premise case the injured victim must prove GC negligent in repute to the maintenance of the property and their failure to take measure to improve the quality of the property. The GC must have sufficient knowledge of the condition of the property and hence they failed to take measure and correct the problem.

An example of this instance when a customer slide and buy bad luck he or she ice which is directly in front of him.at the entry to the GC office on the working hours. If the GC's worker had taken critical measures to prevent the instance and it still took place GC will not be liable for negligence (Jackson, 2016). However, id the GC had failed to take any measures to prevent it from happening they would be held responsible for negligence and hence breach the duty care towards all the customers.

I would like to conclude my report by saying that negligence is one of the major factors in tort liability. According to tort, there is no need for the GC to have any specific intention of committing the injury to the customer or the employee and hence they will be liable to pay for the damage (Jackson, 2016). In all these three kinds of torts; the intentional tort, the liability strict law, and the negligence tort. It's important to note that both the intentional and the unintentional torts basically mean some major fault on the part of the defendant but in the strict there actually no faults at all. And in some case, the law would also want to take the liability for another victim injury.

Reference

Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G., & Harder, S. (2017). Torts: cases and commentary. LexisNexis Butterworths.

Fulbrook, J. (2017). Outdoor activities, negligence, and the law. Routledge.

Jackson, E. (2016). 'Informed Consent'to Medical Treatment and the Impotence of Tort. In First Do No Harm (pp. 289-302). Routledge.