Abstract
The evolution of product liability in terms of the law of negligence represents one of the more fascinating developments in tort law over the past two centuries. In the 21st century the issue of product liability is particularly prominent in the public consciousness with the increasing size and economic importance of the industrialized consumer economy. This essay focuses on the law of negligence with particular reference to the issue of product liability.

Tags:law, product, liability

Abstract
The author discusses tort law as a confusing concept that society should be educated about because the issue of legal and financial tort liability of governing board members and administrative officers has been increasing fear in the daily activities of health care institutions. The paper focuses on three main categories of tort law: negligent torts, intentional torts, and strict liability.

From the Paper
"Negligence is a tort and a form of conduct caused by carelessness that constitutes a departure from the standard of care, generally imposed on reasonable members of society. Negligence of a professional person is classified as malpractice. Malpractice suits can claim a variety of mistakes made by professionals including misdiagnosis, mistreatment, delayed diagnosis, failure to diagnose, surgical errors, or medical errors. There are three basic forms of negligence and those are malfeasance, misfeasance, and nonfeasance.
"Malfeasance is the act of an unlawful or improper action. Misfeasance is improper performance of an act, resulting in injury to a person. Nonfeasance is failure to act when there is an obligation to act as a reasonably cautious person would under similar circumstance.
The elements that must be present for a plaintiff to recover damages caused by negligence are duty to care, breach of duty, injury, and causation. Duty to care is the obligation to conform to a recognized standard of care. Breach of duty is the deviation from the recognized standard of care and the failure to adhere to an obligation. For an injury there must be a damage established and if there are no injuries there are no damages due to the plaintiff. All four elements of negligence must be present for a plaintiff to recover damages suffered as a result of a negligent act (Pozgar, 22)."

Tags:negligent, intentional, legal, ethical, strict-liability

Abstract
This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.

From the Paper
"Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."

Tags:tort, case, law

Abstract
This paper addresses altered tort law which made the right to information of the patient more important than medical standards and required doctors to fully inform patients of risks, including a tiny percentage of risk attached to an essential surgical procedure. The paper discusses other factors that involve definitions of consent and liability in several scenarios involving Australia's climate of litigation till recent shifts instigated by the government's law review. The paper compares Australian tort law to the U.S. and British law and also shows how the litigation/malpractice insurance crisis in Australia has induced reform.

From the Paper
"Adjusted Australian tort law after the later 1990s required that Australian physicians fully inform patients as to the risks of all advised procedure and treatments in an important shift from the concepts of accepted medical practice and professional expertise and opinion to the rights of the patient. (Skene & Smallwood: 2002) An important result has been a crisis of medical indemnity, much litigation from the mid-1990s to 2005 and a resulting hike in malpractice insurance rates that made simply practicing medicine prohibitive. In American and British law, matters of..."

Tags:medico, legal, australia, law of torts

Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.

From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges - and indirectly, attorneys and jurors - are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."

Tags:products, strict, liability, husband-wife, relations, damages, work-related, injury, trespass, immunity

Abstract
This paper discusses the effectiveness of tort law in providing compensation for environmental damage. It also looks at the ability of tort law to prevent environmental damage from occurring. The paper describes some of the obstacles suffered by tort law in fulfilling a central role in environmental protection, such as cost, evidence and standing and then looks at the limits to the limitations that exist in terms of tort law and environmental damage.

Table of Contents:
Developing, and Restricting an 'Environmental Tort': Issues of Locality and Use
Establishing the Causative Link and Proving Foreseeability
Further Obstacles: Evidence, Cost and Standing
Limiting the Limitations
The European Influence - Lowering the Hurdles?
Assessing the Use of Common Law Actions in Tort

From the Paper
"Today there is a propensity to think of environmental protection as attained by the volume of specific legislation, but this does not mean that the role of the common law in environmental protection has become obsolete. Although perhaps a somewhat tenuous link, it has been argued that actions in tort are able to prevent environmental harm by deterring others from engaging in the same behaviour due to a fear of having to pay damages. However, Barbara Young, the chief executive of the Environment Agency, challenges such a rationalisation, arguing "the scale of penalties levied by the courts makes pollution and prosecution an acceptable risk and an acceptable business expense" . Naturally, the extent to which the extent to this will vary according to the polluting offender involved, however it would seem unlikely that the prospect of paying damages would have the same influence as the fear of facing an environmental regulator is set standards are breached."

Tags:legislation, pollution, causality

Abstract
This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.

From the Paper
"The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."

Tags:international, law

Abstract
The paper discusses the torts of nuisance and negligence in terms of the legal responsibilities of a landowner towards three types of individuals. The paper looks at three types of individuals; neighbors, invitees and trespassers. The paper covers the tort of nuisance as well as the tort of negligence. The paper examines the Duty of care of a landlord and the legal rights of the three parties.

From the Paper
"This paper will examine legal issues arising from this fact situation that was assigned for this case study. There are three possible plaintiffs that emerge from the facts of this case. These situations are as follows: 1. John the neighbor who lives in a dwelling house next door to Ian who runs a business and uses a generator which is situated near John's property. 2. Ken the legitimate visitor to Ian's property who was injured while visiting Ian's property 3. Lionel who was trespassing on Ian's property without his knowledge or consent. Legal Issues Concerning the neighbor: John: Does John have a possible tort of Nuisance against Ian? The Law regarding the Tort of Nuisance: The court will look at the legal rights of the plaintiff and the defendant. A balancing test is usually adopted and the standard used is one of reasonableness."

Tags:tort, law, nuisance

Abstract
This paper provides an analysis of torts involved in an auto accident and medical malpractice case (Jason v. Angela). It looks at the issue of more than one defendant found liable to the plaintiff for committing a tort against him.

From the Paper
"Jason has a cause of action against Angela who by speeding driving under the influence and running a red light undoubtedly violated local ordinances and is therefore liable under the law of the state where the accident ..."

Tags:medical, malpractice, torts

Abstract
The paper discusses how tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. The paper explains that this is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further, the paper notes that much of tort law has been developed randomly, many times to fill in gaps that exist in the law, and at other times, it is influenced by public policy. The paper explains that therefore, depending upon various factors, the duty of care can be high or non-existent depending upon the type of claimant and what type of duty of care a defendant breached.

From the Paper
"Tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a..."

Tags:tort, law, duty of care