Critical context, Essay Example | Topics and Well Written Essays - 2500 words

Critical context, - Essay Example ong had never taken place at all based on an assessment of economic and other losses and injuries that have been caused to the Plaintiff.3 Tort offers an option for the victims to shift at least some of the costs for the damages that they have to bear on to others who may be partly responsible for the fate of the victim. In order to establish a cause of action under tort, three aspects must be established: Liability under tort is generally determined along the lines of (a) strict liability or (b) no fault liability. Under the tort of strict liability, a defendant will be obliged to pay damages for a breach of duty of care and the Court will not question whether or not the defendant has acted in a justifiable manner. On the other hand in a case of no fault liability, it is possible that a victim may not receive damages for the harm caused if there has been a good justifiable reason for the wrong that has been perpetrated on the victim. Applying this to the case of the Marsh Down school children, the children and their parents could have had good cause to file a suit for tort on the basis of personal injuries at the disco, if they had suffered them. Firstly, the nature of the harm would have been serious enough to merit a cause of action, secondly, the cause of such injuries would have been the wrongful action of the school in giving publicity to the August camp in the local paper, especially in view of ethnic diversities among the school children. The School could have therefore been a party to the suit, with the supervising teachers – Clyde West, James, Dot and Duff being cited as respondents. It is the school that is most likely to be held liable, because the teachers are employed by the school and injuries that have occured to students at the dicso are the result of the failure of the teachers to protect them. As a result, vicarious liability will be imputed to the school, since an employer is expected t o be responsible for the negative consequences