Using But for test in the Law of Torts in imposing liability of the defendant
Torts are nothing but civil wrongs that cause loss to a claimant resulting in a lawsuit. The Law of torts falls under civil law. Causation is an important aspect of tort law and the but for test plays an important role in determining causation in law of torts. For any loss or pain suffered by a plaintiff there exists a cause. But for test is a test used in predicting the actual cause behind a loss, when there are multiple causes behind a loss. Courts all over rely upon but for test in determining the actual cause behind the occurrence of a problem, particularly with respect to law of torts. This essay determines how, “but for test” is applied in the law of torts in order to impose a defendant liable for a causation.
What is Law of Tort?
A tort is simply a “wrong doing” and tort law is the law of “mistakes” or “wrongdoings”. The tort law is a balancing exercise in which the court weighs the protected interest of claimant against the defendant’s breach of obligation and it does not tell us what interests are secures or what the obligations of defendant are. Tort law set up the situations in which a person whose interests have been injured by another can be compensated through civil courts. Tort law is only one part of what academics nowadays prefer to call the obligations of civil law. Generally tort law is based on contracts indeed continental lawyers always call it the extra contractual law of liability. Tort can be classified into three by name intentional torts, strict liability torts and negligent torts (MacIntyre, 2011). Tort law has altered and a new doctrine of reliance has aroused at its heart destroying the boundary with contract. Harpwood (2008, pp 1) has described in the book “Modern Tort Law” that the word tort is derived from the Latin word tortus which means ‘twisted’. In English the word ‘tort’ has a purely technical legal meaning a legal mistake for which the law offers a solution. Academics have been attempting to mention about tort law but some views at all major textbooks subjects reveal quickly that it is vastly critical to exist. Each author has varied style of defining and each of them states a different definition. In order to understand what tort law involves, it is important to differ tort from other branches of the law and doing so helps to invent how the goals of tort distinguish from the goals of other law areas such as criminal law or contract law. The Tort law remains a body of norms setting up particular harms uncoordinated by general principles. The law of torts secures physical integrity including no doubt the fundamental right to life.