Torts Law essay
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Tort is a branch of private law that deals with unfair and tortious behaviors that cause harm to someone. In this case, the law acts to solve differences between parties in collision and not judge criminal acts. In torts law, the person who commits tortious acts is tortfeasor, while the victim is the plaintiff. This paper seeks to analyze the application of torts law to the issue highlighting the cause and the judgment passed to the person found guilty. Asking truck driver to have new hitches as they approach utopia’s highway is understandable, since it is a safety measure. Moreover, specifying the type of hitch without considering opinions from other sources is too much to ask. Trespass tort entails interference of one’s enjoyment to their property. While nuisance tort is the interference of a property, the two main forms of actions in torts are actions in trespass, and actions in negligence. Interests protected in torts law.
In this scenario, Nancy is the plaintiff and seeks justice in the issue at hand. The state of utopia is enacting a statute that requires all truck drivers to use c-type hitches in utopia’s highways. This is considered a safety measure in most states; however, specifying the hitch to use without giving reasonable explanations is violating other people’s right. The GAO (Government Accountability Office) is an investigative arm of the United States that ensures that the federal government protects American people in conjunction with their constitutional rights (Cochran & Ackerman, 2004). This arm was founded in order to hold people accountable for their performance in their workplaces. However, this arm also protects anyone accountable under the certain conditions.
By this, Nancy and other truck drivers struggling with additional expenses that the statute is imposing to their business. The law of torts protects the certain interests, such as personal security through the cause of action forms. Defamation tort is a subject to damage of a person's reputation. The plaintiff is entitled to receive monetary compensation, from the tortfeasor; once the tortfeasor is proven guilty. This breach of duty is mainly reflected in negligence. The main relevance of Torts law is to ensure there is compensation when one party tricks the other especially if one suffers damages from the breach. Unlike criminal law where the Contest is between the government and the defendant, in torts law plaintiff sues the tortfeasor for compensation. The plaintiff in torts laws stands as his/her own witness and not of the government as in criminal law. The only similarity between a criminal and tort law is that in tort law there is an imposition of punitive damage. Whereas in criminal law, under the criminal injuries compensation statutes, a victim of crime is awarded some limited compensation (McBride & Bagshaw, 2008).
For instance, acts are continuously implemented, in order to ensure the law is supported and fits with the changing times. For example, The Sarbanes Oxley Act was sponsored by a US senator and representative namely Paul Sarbanes and Michael G. Oxley respectively. This bill was enacted in the year 2002 having been named after the two. This act, which has eleven titles, does not affect the private owned companies for it came up when the public started losing trust in the security firms after the major collapse of some firms, such as WorldCom, Enron, just to mention but a few. Studies conducted in the last few decades have found out that the economic decisions that are made depend on the rational behaviors made by financial planners. There are instances when traditional and behavioral finances become unable to define the lack of rationality; in this case, behavioral finance is applied as an alternative solution to economic decision-making (Harlow, 2005).
Without a lawful excuse, the person enacting the statute should be charged for breach of duty. This is because of the misuse of power in violating the rights of truck drivers. The main relevance of tort law is compensation or imprisonment when one party suffers from the damages of civil wrongs caused by another party’s acts or omissions. Unlike criminal law where the Contest is between the government and the defendant, in torts law plaintiff sues the tortfeasor for compensation Cochran & Ackerman, 2004). The plaintiff must prove that the harm suffered was due to defendants’ omission. The test to determine this is called the “but for test-in the absence of’. This means, if the plaintiffs are able to state that the damage would not happen if not specified c-type hitches.
In Nancy’s case, the tort law inquires her to raise the required amount of evidence to prove of pecuniary loss. If, by any chance, the evidence raised discriminates tortfeasor, then Nancy will be granted compensation for pecuniary harm, such as the loss she encountered. Economic loss of earnings limited to a number of 'special' and properly outlined circumstances, based on the relationship dynamic of the duty to the plaintiff. This dynamic is reliant on the puling and pushing forces of clients, their lawyers and other advisers, based on the amount of money each gets.
According to the U.S constitution, the statute is the unconstitutional one if it imposes the impermissible burden on the drivers and it can be compared to an import obligation to drive in the state which is prohibited. Nancy should be compensated with monetary value for the time and resources she spent in following up the case. This case deals with harm inflicted on another party due to negligence, involving that a breach of a civil duty. This harm is not only refers to physical injuries, but also constitutional rights, violation of property, economic and emotional harm. In Australia, there is a rule of “no fault” in which case one has to prove that there was someone’s negligence that led to injury, in order for compensation to be allowed. Many of the paramedics, who also include volunteers, may face injuries in their line of work.