Tort law Essay Example | Topics and Well Written Essays - 1000 words - 4

Tort law - Essay Example This case had to be referred to the Law Commission due to the uncertainties and lack of sufficient material to make judgment about the case. Another similar case was that of Addie v Dunbreck 1929 AC 358. In this case the judge ruled on that the owner of the land must avoid negligently avoid harming the trespassers. This judgment raised the question about duty of care. Because of this case a commission was formed in the UK to investigate this case which later decided that the legislature should come up with the duty of care to be owed to uninvited visitors or trespassers (Mullis, 2011). This proposal was also endorsed by the Pearson commission. The case of White v The council of the City and District of St Albans 1990 was the first case that endorsed this law. In the ruling of this case, the judge ordered that all working and especially construction places be well fenced to a reasonable ground to prevent damage and injury to the trespassers. It is however important to notice that the 1984 ACT has no valid statements which indicate that the duty can be excluded from the occupier. On the other hand there has been suggestions that this is possible especially because since there are no provisions which forbids the exclusion. The 1977 Unfair Contract Terms Act seems to weaken this law since it does not apply to the 1984 Act. The 1957 Act is however supported by the case of Beddeley v Earl Granville 1887 19 QBD 423 which shows that a statutory duty is not under any form of exclusion however no case is law is directly relating to the Act. Strict liability means that a party is imposed with a liability without evidence of committing any offense such as negligence or tort (Alix Adams, 2012). For quite a long time strict liability have been applied to animal cases since animals do not have the right conscious to make decisions (Elliott & Quinn, 2007). The defendant find him/herself imposed with a liability without fault for