$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

The Forms And Functions Of Tort Law

tag 282 Downloads3 Pages 693 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT


1. Assume that you are a legal adviser and Tom has described the events leading to the damage to his property, would you advise him to take a civil or criminal action against James? Explain why you have chosen this type of action.

2. What cause of action would you advise Tom to take against James? State the name of the case that this cause of action originated from and provide its reference.

3. List the elements of the cause of action that Tom would need to prove in order to succeed. Apply the elements of this cause of action to the facts.

4. What is the likely outcome for Tom of a successful action against James?


1. In the given circumstances, Tom can take civil legal actions against his neighbor James on the ground of Tort of Negligence. Under the English common law and the Australian legal regulations, negligence is an act of failure to exercise reasonable care under given circumstances. The Tort law can be applied in cases where the acts of carelessness by the individual have caused monetary of physical damage to the claimant. Tom in this context can file a suit against the defendant James on the grounds of Intentional damage to economic interests, which is a part of the Tort Law of Australia (Goldberg, Sebok & Zipursky, 2012).

2. On providing sufficient proves of the above three elements, Tom can claim both civil claims as well as criminal claims. Under the Tort of negligence Tom can claim for penalty and compensation for the damages caused to his car. Under the criminal claims however the defendant may also secure a prison sentence as a penalty. However since Tom has no suffered from any actual physical harm as per the Common Tort Law, hence he can only claim for civil actions against the defendant (Bermingham & Brennan, 2012).

The case of  Donoghue v Stevenson [1932] AC 562 illustrates the law of negligence. The case focused on the negligence of duty on the part of a café owner bought in by the claimant Mrs. Donoghue. The claimant found a part of a snail immersed within the beer that she had ordered in a café. She filed a suit against the café owner claiming breach of duty of care. This case gave rise to the modern law of negligence stating that every individual should love their neighbor and must not injure the neighbor intentionally or unintentionally.


3. The major elements that Tom needs to prove in order to avail the tort of negligence are namely Duty of care, breach of duty and damages. In the context of the case the elements are found as follows:

Duty: The defendant (James) owed a duty of care regarding the possibility of the accident to the claimant (Tom).

Breach of Duty: James has broken the duty of care intentionally. In this case, the claimant can also file a suit against him on the grounds of Intentional tort.

Damages:  The plaintiff must show the prove of the damage which has been caused by the breach of the duty of care. The damage caused i.e. the damage to the expensive car of tom, by the intentional negligence of the defendant (Stewart & Stuhmcke, 2012).

4.  Keeping the case details in mind, it can be suggested that Tom will be successful in his claims against James because he can successfully prove all the three essential elements of the Tort of negligence. Thus, Tom can take civil actions against James and claim for monetary compensation from James. Moreover judging the magnitude of the risk that could have been caused by the hanging branches of the tree, Tom can also file for a criminal action against James for intentional negligence of the facts. (Abraham, 2012)


Reference list

Abraham, K. (2012). The forms and functions of tort law. New York, N.Y.: Foundation Press Thomson/West.

Bermingham, V., & Brennan, C. (2012). Tort law. Oxford: Oxford University Press.

Goldberg, J., Sebok, A., & Zipursky, B. (2012). Tort law. New York: Wolters Kluwer Law & Business.

Stewart, P., & Stuhmcke, A. (2012). Australian principles of tort law. Annandale, NSW: The Federation Press.



Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2016). The Forms And Functions Of Tort Law. Retrieved from

"The Forms And Functions Of Tort Law." My Assignment Help, 2016,

My Assignment Help (2016) The Forms And Functions Of Tort Law [Online]. Available from:
[Accessed 20 February 2020].

My Assignment Help. 'The Forms And Functions Of Tort Law' (My Assignment Help, 2016) <> accessed 20 February 2020.

My Assignment Help. The Forms And Functions Of Tort Law [Internet]. My Assignment Help. 2016 [cited 20 February 2020]. Available from:

At, we understand that when students get stuck with tough assignments, they look for affordable services. To assist students with complex assignments, we have built a team of skilled cheap essay writers. has become one stop solution for all students who often look for answers related to their search similar to do my essay at the cheap rate or who can write my essay at affordable prices. Students prefer hiring us as we have the best provisions to render services related to do my essay online at a reasonable rate.

Latest Business Law Samples

BSL165 Foundations Of Business Law 6

Download : 0 | Pages : 7
  • Course Code: BSL165
  • University: Murdoch University
  • Country: Australia

Answer: Introduction  In this report through a case study the contract law is going to be discussed. The concept of agency as par the contract law is going to be the focus of this case. The role of agency in case of making a contract with the third party is going to be discussed in this case. The liabilities and duties of the agent under the contract law have been evaluated. The rights and obligation of the third party as well as the pri...

Read More arrow

LAWS3100 Corporations Law 2

Download : 0 | Pages : 6
  • Course Code: LAWS3100
  • University: The University Of Queensland
  • Country: Australia

Answers: 1. Issue There are two issues involved in this case. The primary issue is to determine whether Marlow can resign from Clear Vision Limited and incorporate a new company to conduct the block chain business. The secondary issue is to determine the changes in the advice if their constitution contained a clause identical to Section 194 of the Corporations Act 2001. Rules As a general rule, a director can resign from a company by givin...

Read More arrow

BACC11 Corporations Law And Degree Programs

Download : 0 | Pages : 4

Answer: Introduction Criniti's is one of the largest and most popular Italian diners in Australia. Fundamentally, this organization has been providing quality foods to their consumers (Criniti’s Southern Italian Cuisine, 2017). The company was established by Frank & Rima Criniti in the year 2003. In the year 2007, the company started providing delicious and quality Italian foods in Darling Harbour in Australia. After that, the...

Read More arrow

BUS2010 Business Law System

Download : 0 | Pages : 5

Answers: Answer to Question No 1 A contract is an agreement which in intended to be made enforceable by law between the parties and bind them with contractual obligations. The parties must agree to the terms of the contract before entering into the contract (Knapp, Crystal and Prince 2016). Charlie Martin did not understood and agreed to the terms of the contract as the terms that were explained to him prior to enter into the contract, were tot...

Read More arrow

LAW00720 Legal Studies Business Law Assignment

Download : 1 | Pages : 11

Answer: Issue The issue in the case is to check whether the AFS Grocery Wholesalers Co. Pty. Ltd. has any legal right to claim the payment worth $45000 for the delivery of goods to John’s Supermarket. If yes, then what right this is? Rules In the current scenario, where lives are busy, it is very general that people enter into a contract with the help of other. These other people are known as agent and the person to whose behalf they ...

Read More arrow

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits




Overall Rating



Our Amazing Features


On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.


Plagiarism Free Work

Using reliable plagiarism detection software, only provide customized 100 percent original papers.


24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.


Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.


Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

1896 Order Completed

95% Response Time

Herman Berens

MSc in Psychology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

647 Order Completed

98% Response Time

Adlina Han

Masters in Marketing with Specialization in Branding

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

1265 Order Completed

97% Response Time

James Cook

Masters in Management

Wellington, New Zealand

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

752 Order Completed

100% Response Time

Hugh Cleave

Masters in Human Resource Management (MMgt, HRM)

Wellington, New Zealand

Hire Me

FREE Tools


Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.


Essay Typer

Get different kinds of essays typed in minutes with clicks.


GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.


Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.


Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability




Your Approx Earning

Live Review

Our Mission Client Satisfaction

The writer followed directions well. Gave great detail. Work was delivered within the given time.


User Id: 239259 - 19 Feb 2020


student rating student rating student rating student rating student rating

Work was delivered within the time frame given. Work was just as I expected. Well written.


User Id: 239259 - 19 Feb 2020


student rating student rating student rating student rating student rating

Great quality paper, very impressive! Very happy about the writer! .....................................................................................................................


User Id: 363978 - 19 Feb 2020


student rating student rating student rating student rating student rating

great work! delivered on time, the questions are sloved in details and clearly explained


User Id: 374436 - 19 Feb 2020


student rating student rating student rating student rating student rating
callback request mobile
Have any Query?