Tort Law Assignment Example | Topics and Well Written Essays - 750 words

tort Law - Assignment ExampleBesides, in a contractual relationship, the responsibility imposed by fairness is in the directions of the other party, by whom there is privity of agreement. In tort, the responsibility lies in the directions of the members of the saloonlic or macrocosm at large, with whom there is no requirement for any contract. A tort is a civil awry(p) for which the legal remedy is an action brought by means of civil proceedings by or on behalf of the injured party for damages or some other legal remedy desired by the person who has suffered the wrong (Law of Torts Including MV Accident and Consumer Protection Laws-I 1). Fact of the Case The case provides a synopsis of the gas leakage in Pub. And also this particular case brings out the various ethical matters have-to doe with in the disaster. Ben, who is the employer of the Maid Marion Gas high society, superficially fixed pipe work which caused leakage of gas into the pub. Chef of the pub Charlie lit a gas in the kitchen and consequently this caused a blast and fire in the pub. So, Donald the barman, suffered bumpy burns and consequently a recurrence of the clinical depression from, which he had undergo some bulky ago. Parties involved Parties involved in this case are, Alan, Emma, Charlie and Donald. Alan can adopt against the Maid Marion Gas Company for uneasy shock and negligence. In tort law, Negligence is depends on the existence of a contravention of the obligation of care, owed by one person to another. Alan came home later, subsequent to the fire, and saw that his pub had been completely destroyed. He was so trouble that he is till date suffering from insomnia and nervousness. Company should take due care for preventing any manakin of the leakage. Gas is such a hazardous substances and leakage of gas can create lots of tragedy in the society. And also, it will create environmental pollution in the society. Here the leakage is mainly because of the careless on the part o f the employer Ben. But at the same fourth dimension, it is the duty of the company to check all those things because it is such a toxic substance. Emma and Charlie are the secondary victims of the gas leakage. Because of this, they faced nervous shock. So, they also can claim against the Maid Marion Gas Company for the nervous shock. Charlie is the chef of the pub, he lit a gas stove in the pub kitchen and a few minutes later this caused a blast and fire in the pub. That judgment of conviction he was outside in the garden, he was not injured in the explosion but snarl himself accountable for the injuries undergone by his co-worker, and has now had a nervous breakdown. Like Emma, who is the girlfriend of Donald and also who had lived with Donald for some years, reached at his hospital bed some hours later, after he had an emergency operation. She was extremely shocked to see him greatly bandaged. Since then she has not slept sound and has suffered panic attacks. And also, Donald can claim compensation from Ben and Maid Marion Gas Company for the injury that he has faced. Donald can also claim under Workman Compensation, because his injury was caused at the time of work and also in the working premises. Donald is the primary victim of the tragedy. Both Ben and Company are jointly liable for the injury of Donald. They are also liable for the vicarious liability and negligence. Vicarious liability is the formula of law that holds one party liable for the acts (or inactions) of another (Beyer 3). Vicarious liability, which is general in some split of law, refers to lawful duty for the actions of another. If a rule holds X accountable for Ys actions, then Xs responsibility is said to be vicarious. Conclusion A tort is an offence that is privately impeached, usually for damages, though some tort