Law of tort Essay Example | Topics and Well Written Essays - 3500 words

Law of tort - Essay Exampleill be obliged to pay damages for a breach of duty of superintend and the Court will non question whether or not the defendant has acted in a justifiable manner. On the other muckle in a case of no fault liability, it is possible that a victim may not receive damages for the harm caused if there has been a good justifiable reason for the wrong that has been perpetrated on the victim.Bearing these factors in mind, there are two avenues that Ron could consider in recovering damages in tort. On the one hand, he could bring a tort for negligence and breach of duty of care on the part of Nurse Emmanuel, and/or hold the owners of the situation, i.e, Rapidbuild, responsible for his injuries under Occupiers liability. twain the options are discussed in detail below, in order that Rons parents may opt for one or both the options. There is no doubt that Ron can indeed bring an action in tort, because for such(prenominal) an action to be actionable, some harm sh ould have been suffered collectible to a wrongful act and Ron may be able to prove both of these.The Occupiers Liability Act of 1957 imputes liability upon owners for premises that they may own, including heady and immovable structures on it1. The fence on the land would therefore qualify as immovable keeping upon the land owned by Rapidbuild. The Company will be deemed to be the occupier in this case, because it is owns the property and is also in a position whereby it can exert a sufficient degree of stamp down over the premises. Although Ron and Kevin would be deemed to be trespassers for purposes of this Act, there will be recourse available for the children. Prior to 1972, occupier liability was moderate, for example in the case of Robert Addie and Sons v Dumbreck2, where a child died but Lord Hailsham limited the liability of the occupier, especially towards trespassers, when he stated that an occupier would be liable only where the injury was due to some willful act invo lving something more than the absence of reasonable