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  • Essay / Analysis of the Tort of Negligence - 873

    A tort is a wrong in civil law that focuses on a situation in which a duty of care (responsibility to avoid causing harm to another person by your act) is owned, but no contract can necessarily exist. between the parties, i.e. the person driving a car on the road owes a duty of care to others. NotesTort of negligence:Ewan Macintyre said that “negligence is the most important tort, covering a very wide range of situations. To some extent, negligence fills the gaps left by more narrowly defined torts” amna book. The elements that the plaintiff needs to establish the tort of negligence are: • Duty of care • Breach of that duty of care • Damages caused by that breach Difference between physical injuries and psychiatric injuries:• Physical injuries are easy to prove or to claim because they are visible, whereas psychiatric injuries are difficult to prove or claim because they are in the person's mind.• Courts must exercise caution when dealing with psychiatric injuries because they can be falsified very easily because linked to the psychological state of a person, which is not easy to prove while physical injuries are visible and tests can prove if a person has suffered an injury or if they has been falsified.• The law is lenient on physical injuries. but it is strict for psychiatric injuries. • Claims for physical injuries are objective while claims for psychiatric injuries are subjective. • The law is lenient in terms of decision-making in physical injuries, but it is harsh and unfair in psychiatric injuries. • Physical injuries are evidence. based on the fact that psychiatric injuries depend on the medical field. • Physical injuries involve a primary victim, while psychiatric injuries involve both primary and secondary victims. paper... decisions are in favor of the applicant most of the time. In Physical Injury we have a main victim who can also be an eggshell victim. The level of protection for eggshell victims is good because it protects people with disabilities because they need special attention. On the other hand, in the case of psychiatric injuries, claims are very difficult to formulate and the law is also very strict in this matter. Psychiatric injury is not predictable and you have everything in your brain and your brain that you know the least about and that is the reason behind difficult decisions in psychiatric injury. In psychiatric trauma, we have a primary victim and a secondary victim, but the secondary victim faces very difficult times compared to the primary victim. It is clear from English law that claims for compensation for grief or sorrow caused by the death of a person are not granted. In the case of the secondary victim, there must be a close relationship between the plaintiff and those who injured.