Saturday, June 15, 2019

Law - Law of Tort Essay Example | Topics and Well Written Essays - 2250 words

Law - Law of Tort - Essay ExampleThe justice is also concerned with the option of transferring blame. This implies that using the law blames can be transferred to another person or party. Tort law therefore provides remedies to an individual or a party for losses suffered due unlogical actions of another person or party. There argon two categories of tort laws and they are concerned with suits that are aimed at protecting an individuals privacy against any violation. Negligence and wise to(p) are the two basic categories or torts and they printify the main tort claims made in most civil courts (Yeats, Giliker & Luckham, 2005). From the accustomed scenario, Charles a freelance photographer sneaks into Bertram compound without his knowledge and proceed to takes his nude photograph. Charles was able to gain access to the highly restricted compound through Desdemonas assistance. Later a market researcher named Alex tries to have an interview with Bertram in his accommodate without his content. Bertram denies him a chance for an interview installd on the warning sign at his suffer. In particular, the sign states that any trespasser will be prosecuted. Bertram go ahead and caries the market researcher to the drive although he had be his identity. According occupiers liability act of 1984, Alex Charles and Desdemona, violated Bertrams right to privacy on the other hand Bertram violated Alexs rights by carrying him forcefully. ... Firstly, Bertram is a billionaire who believes that he should have a private life free from any intruder. He has gone to an extent of placing a sign at his drive indicating that all trespassers will be prosecuted. As an ordinary person, Bertram is entitled to privacy according to the law and therefore any trespassing is a violation of his rights (Yeats, Giliker, Luckham, 2005). Secondly, his house is a private property and therefore he has the right to allow accept or reject visitors accordingly. Concerning the two unaccredited vis itors to Bertrams compound, Charles has a to a greater extent serious case to answer according to tort law. Although he is a journalist, he needed endorsement before gaining access to Bertrams compound. In addition, Charles took unauthorized photographs in two separate occasions and this proves that his acts were intentional. Charles not only intentionally took unauthorized photograph of Bertram and his compound but he took nude photographs of the complainant. These activities are intentional and therefore Bertram has legal claims according to the tort law. Basing on those arguments Bertram can proceed to make a legal suit against the trespassers however, he should make his claims with caution in order to attract the relevant remedies. He has to be aware of the possible claims that Charles can present in the courtroom in defence of his action. Charles can base his counterclaims on the requirements of his career as a journalist. From this basis, Charles can claim that as a journalist , his work serves the public and therefore he needs to cover events that are of public interest. He can therefore claim that the highly restricted Bertrams compound is of public interest and therefore he should have nearly legal protections against any legal suit that

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