$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.



At MyAssignmenthelp.com, 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. MyAssignmenthelp.com 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.

Most Downloaded Sample Of Business Law

LAWS20059 Business Structure

Download : 0 | Pages : 7
  • Course Code: LAWS20059
  • University: CQ University
  • Country: Australia

Answer: Introduction Partnership is a business, which is operated by two or more people, as co-owner and divide income. They act on behalf of the other in their business. However, partnership is a structure of business, which is not separated from the operators. Partnership structure are of two types, such as, general partnership and limited partnership. In the general partnership, two or more people enter into a business together and make a ...

Read More arrow

ZBUS8109 Business Law

Download : 0 | Pages : 12
  • Course Code: ZBUS8109
  • University: University Of New South Wales
  • Country: Australia

Answer: Introduction: The issue is to check that whether Craig is liable for the purchase of a car as decided between him and Peter. For a valid contract, some elements are prescribed under contract law that must be there in every valid contract.  Offer is a basic factor of every contract, which needs to be accepted by the offeree. Before doing discussion on elements of a contract, another term of Contract Law is also necessary to discu...

Read More arrow

BUS201 Hurting The Hearts Of Employees

Download : 0 | Pages : 17
  • Course Code: BUS201
  • University: Macquarie University
  • Country: Australia

Answer: Introduction HE is one of the leading company’s in the world but has been faced by several internal struggles or challenges. Though out this study, different areas within the management and the employee company relationships will be addressed. The company business culture will also be identified and discussed into detail to help clearly identify the challenges. Finally, possible recommendations or advice to the CEO and the Union...

Read More arrow

MGMT 20134 Business Ethcis And Sustainability Individual

Download : 0 | Pages : 10
  • Course Code: MGMT 20134
  • University: CQ University
  • Country: Australia

Answer: Introduction The ethical judgment which a person may have to make on various occasions is known as morale reasoning which is concerned with the choice of good or bad.  Decisions made in an organisation can be in relation to either employees or the managers. The culture of the organization influences the way in which people related to it makes decisions. The notion of bribery and corruption is not only illegal but also unethical. ...

Read More arrow

BLST2BSL Introduction To Business Law And Ethics

Download : 0 | Pages : 8
  • Course Code: BLST2BSL
  • University: La Trobe University
  • Country: Australia

Answers: Solution 1 Issue: Whether or not term regarding the vegan leather to be all-natural present in contract between Peter and ACS Rule: Terms and conditions of Contract A contract is formed between the customer and the supplier when; The customer accepts the offer of the supplier in writing The authorized representatives of parties to the contract sign the appropriate section of details. In a contract, the rights and d...

Read More arrow

Save Time & improve Grade

Just share your requirement and get a customized solution.

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, Turnitin.com.We 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

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

265 Order Completed

97% Response Time

Ken Campbell

MSc in Electrical Engineering

Wellington, New Zealand

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

798 Order Completed

97% Response Time

Benjamin Blakeman

MSc in Medical Technology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 4/5

248 Order Completed

100% Response Time

Lloyd Bernabe

MSc in Accounting

London, United Kingdom

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

some parts of the solutions were compelling and very good, other parts were missing some valuable information. I will ask for re-work.


User Id: 310584 - 16 Nov 2019


student rating student rating student rating student rating student rating

its good just the contents page is missing and the 4 major points we are suppose to talk about


User Id: 343326 - 16 Nov 2019


student rating student rating student rating student rating student rating

I can\'t expect anything better than this. I got my assignment done very early than my deadline and the customer service was amazing. Very pleased!


User Id: 221568 - 16 Nov 2019


student rating student rating student rating student rating student rating

The assessment turned out satisfatcory without any mistakes. Im amazed with the service, would recommend.


User Id: 338494 - 16 Nov 2019


student rating student rating student rating student rating student rating
Have any Query?