The Relationship between Causation and Remoteness of Damage (Published)
In strict theory, causation (called ‘cause in fact’) and remoteness (called ‘cause in law’) must be dealt with as two separate requirements in each case. Causation is a matter of fact and requires the claimant to prove that the negligent act caused the damage complained of. The rules concerning remoteness of damage are a matter of law and broadly require the claimant to establish that the damage was of a kind which was reasonably foreseeable. It is concerned with setting a limit on the extent of the harm for which the defendant should be held liable. However, it is not always a clear cut issue to establish where causation ends and remoteness begins, nor is it always a simple matter to separate some aspects of remoteness from issues which arise in relation to duty of care. Both causation and remoteness of damage frequently turn on issues of policy. Both are relevant throughout the law of tort and are dealt with in connection with negligence for the sake of completeness.
Keywords: Causation, Complaint, Damage, Defendant, Problems, Remoteness, Trial
Defamation and Other Torts Affecting the Reputation According United Kingdom Legislation and Jurisprudence (Published)
Everyone living in a society has a reputation and self-respect in the society and wants to exercise this without any interference from others. The tort of defamation is to protect individuals right of reputation in the society from being exploited and provides individuals with the actions which can be brought in the courts of law if they have been defamed by the publishment of an statement that is untrue about them and has an effect on the reputation of the individual in front of the society. There are some torts which have been developed to compensate for damaged reputations, just as others have emerged which compensate for bodily injury. In addition to compensation, equally important is the need for injunctions to prevent threatened damage to the reputation. The relevant torts are libel, slander, injurious falsehood, malicious prosecution. In this paper I will analyze the diverse types of torts in relation with UK legislation and jurisprudence in comparison with ECHR jurisprudence, in the light of recent developments of case-law.
Keywords: Article 10 ECHR., Damage, Defamation, ECHR, Reputation, Tort
The Legal Implications of Duty of Care (Published)
It is not for every careless act that a man may be held responsible in law, nor even for every careless act that causes damage. He will only be liable in negligence if he is under a legal duty to take care. It may be objected that “duty” is not confined to the law of negligence and that it is an element in every tort, because there is a legal duty not to commit assault or battery, not to commit nuisance and so forth. But all that “duty” signifies in these other torts is that you must not commit them. It throws no light on their essential ingredients. Thus it will not tell us what the plaintiff must prove in assault in order to be successful. Breach of it is not one of the internal factors which constitute these other torts. But in the tort of negligence breach of “duty” is the chief ingredient of the tort; in fact there is no other except damage to the plaintiff.
Keywords: Careless, Damage, Duty Care, Law, Legal Duty, Negligence, Plaintiff