Tort – Negligence Research Paper

1. 1The definition of torts ‘Torts serve to protect a person’s interest in his bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is repressible by an action for compensation, usually in the form of unliquidated damages. The law of torts aim to restore the injured person to the position he or she was in before the tort was committed. ’(The high court, Todorovic V Waller (1982) 150 CLR 402) Thus, the ‘tort’ can be simply explain a ‘wrong’ and tort is a civil Wrong which lead to injury or loss to a person.

Tort is not criminal. Remedies is compensation instead of punishment. If the legally right are breached and causes loss, remedies are available, the plaintiff has three years to commence action. (Gamble R,Plessie J&Nwal L, 2008). The law of torts protect a variety of interests (Gamble R,Plessie J&Nwal L, 2008), such as person, properties, dishonest conduct, reputation and so on. Negligence is the main tort action. The tort that dominate all other is the tort of negligence. (Gamble R,Plessie J&Nwal L, 2008). Thus, Negligence is the main tort action (Lecture notes 1.

2) 1. 2 The Wrongs Act 1958(Vic) The Wrongs Act 1958 (Vic) (“Wrongs Act”) is the main legislation in Victoria. The Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 (Vic); the Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003 (Vic); and the Wrongs and Other Acts (Law of Negligence) Act 2003(Vic) (“Law of Negligence Act”). are the three major amendment of the wrong act in Victoria (The Wrongs Act 1958(Vic)).

The purposes of The Wrong Act was to legislate for wrongs against a person (The Wrong Act 1958(Vic)). The Intention of the amendment is to strike the rising insurance costs 1. 3Purpose and intent of torts in The Wrong Act 1958 There are many situations a person may loss and damage, the tort, it began life in response and has expanded with the demand that people should be their negligent conduct responsible for the loss caused by their negligent conduct(Gamble R,Plessie J&Nwal L, 2008). The mean elements of intentional torts are ‘Assault and battery’,’ False imprisonment’, ‘Nervous shock’, ‘Trespass to land, ‘Trespass to goods, ‘ Conversion’, ‘Detinue’, ‘ Nuisance’ and ‘ Economic torts’.

(Lecture notes 2. 1). The Wrong Act provide evidence for the definition of torts, It is the action guide people and protect human legally rights. The torts in The Wrong Act has significance performance on defining tort liability to prevent and punish the illegal (Gamble R,Plessie J&Nwal L, 2008). 2 There are differences, anomalies and inconsistencies between the Wrongs Act 1958 (Vic) and other personal injury Acts within Victoria in respect to damages. The differences, anomalies and inconsistencies create problems due to the conflicting provisions in each Act.

Identify and discuss the differences, anomalies and inconsistencies and the problems that arrive therein. 2. 1The Wrongs Act 1958(Vic) The Wrongs Act 1958 (Vic) is the main legislation in Victoria. It claims for damages for personal injury (or resulting death), except transport accidents or work injuries. The amendment by these Acts will also apply to injuries that occurred before their commencement. ( The Wrong Acts ). The changes enacted in the Law of Negligence Act will not apply to transport injuries, work injuries, dust/tobacco related injuries and other specified cases (Law of Negligence Act amendments”).

At the same time, apology or a waiver or reduction of fees cannot be an admission of liability or poor performance in civil proceedings (The Wrong Acts). This provision is relevant in professionals’ cases like doctors or lawyers. In considering a claim for damages, a court will take whether a plaintiff was intoxicated by drugs or alcohol voluntarily into consumed, as well as whether the plaintiff was engaged in illegal activity (The Wrong Acts). 2. 2 Personal injury damages.

In the Personal injury damages, new provisions are include in the Wrongs Act (Transport Accident Act 1986 ), apply to any person claiming damages for personal injury include transport accident and work injuries and intentional sexual assault or misconduct cases except for cases set out in section 28C of the Wrongs Act. ( Transport Accident Act 1986) The personal injury damage also includes non-economic loss damages, there are also qualifications and limits on the awarding of damages for gratuitous attendant care services (Transport Accident Act 1986).

2. 3 The difference between The Wrongs Act 1958(Vic) and Personal injury damages In the Wrongs Act 1958(Vic), It claims for damages for personal injury (or resulting death), except transport accidents or work injuries. However, in personal injury damages, it apply to any person claiming damages for personal injury include transport accident and work injuries and intentional sexual assault or misconduct cases. Thus, the wrong Act 1958 concern on person injury, and the personal injury also protect work injury and transport injury. 3.

Leading on from question 2 discuss the remedies to address the problems created by the differing provisions within the legislation. 3. 1 remedies on damages for non-economic loss in The Wrong Act The Wrongs Act have remedies on the recovery of damages for non-economic loss (e. g. pain and suffering) (The Wrong Acts. 28LC). It apply in all cases of damages for personal injury except for transport accident injuries, work injuries and intentional sexual assault or misconduct cases (The Wrong Acts. 28LC). In the Wrong Act, a claimant must have a “significant injury” before being entitled to recover damages for non-economic loss.

3. 2 remedies on damages for non-economic loss in Personal injury damages In the amendment of the Wrong act, Remedies will cover on accident injuries, work injuries and intentional sexual assault or misconduct cases (Transport Accident Act 1986) Conclusion From the report. The torts in The Wrong Act has significance performance on defining tort liability to prevent and punish the illegal, the intention and purpose of torts in The Wrong Act 1958 is guide people and protect human legally rights The wrong Act 1958 concern on person injury, and the personal injury also protect work injury and transport injury.

The personal injury damage remedy on accident injuries, work injuries and intentional sexual assault or misconduct cases, while The Wrong Act apply in all cases of damages for personal injury except for transport accident injuries, work injuries and intentional sexual assault or misconduct case Reference lists Gamble R,Plessie J&Nwal L, 2008, ‘Princi The Wrongs Act 1958(Vic)Of Business Law’, , vol. 10, no. 10, pp. 242-279. ‘Wrongs Act 1958’, 26,11,2012, Authorised Version, No.

111 No. 6420 of 1958 ‘Accident Compensation (Occupational Health and Safety)’ Act 1996, Act No. 13/1996 ‘Transport Accident Act 1986’, 01,07,2011, Authorised Version, No. 120 No. 111 of 1986 ‘Issues Paper, Inquiry into aspects of the Wrongs Act 1958’ Cambridge International Collage Lecture Notes, BBAL201 Business Law, Lecture 2. 1 Cambridge International Collage Lecture Notes, BBAL201 Business Law, Lecture 1. 2, Chapter 3: The Law of Torts & The “Wrongs Act” 1958 (Vic).