1(a) the person causing the harm to deliberately cause

1(a)
A tort is a civil wrong whereby another individual causes harm or injury. It
covers a vast range of actions within tort law, to which ‘intentional tort’ is
included and distinguished from torts that are accidental. Intentional tort
occurs when an individual carries out an action which causes harm to another.
In order for intentional tort to be proven, it is not essential for the person
causing the harm to deliberately cause an actual injury, but instead they must
only intend to perform the act.

 

Here,
the common types of torts that were committed by the uninvited people includes
conversion. This is the act of someone taking another individual’s property and
converting it to their own use. Given that the uninvited people took some crops
to sell is a clear indication of this tortious activity, and in many
jurisdictions, this is also known as “stealing”.

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Another
major tort that was committed in this case is trespassing, whereby the
uninvited people were entering private land without any lawful excuse and without
the owner’s permission. Trespassing is a criminal offense, with penalties
ranging from a violation to a felony.

 

A
third tort that was committed is negligence. Parsons (2017:3/8) defines
negligence as a failure to take care in circumstances where law demands that
care should be taken, giving rise to a claim for damages by the person who
suffers harm as a result. In order for negligence to occur, it is essential
that there was a duty of care owed by the uninvited people towards Luke and
that this was breached, thus causing damage suffered by Luke. In this case, the
damage of the crops was due to the negligent behaviour of the uninvited people
who had failed to exercise a degree of caution when trespassing the land, which
in itself was another committed tort.  

 

 

1(b)
Tort law is the body of laws that allows people to claim compensation for
wrongs committed against them. When someone’s actions cause some type of harm
to another, the harmed or injured individual may seek damages through the
court. Two principal remedies against tortious loss includes compensation for
civil damages for the harm they had suffered, and where appropriate, an
injunction is also carried out to prevent future harm. However, damages is
perhaps the most predominant remedy.

 

Damages
are a monetary award ordered by the court to be paid to an injured party, by
the party at fault. In this case, damages can be awarded in compensation for
the loss of crops that had been taken and sold, and for the damages caused to
them. The fundamental concept applied to the assessment of an award of damages,
is that Luke should fully be compensated for his loss. Thus, he, or in this
case his crops, has the entitlement to be restored to the position they would
have been in had the tort not been committed. This can be done by the payment
of money, which is exemplified in Livingstone v Raywards Coal Co (1880).

 

A
prohibitory injunction is an order of the court which would require the
defendant to refrain from doing a particular tort, such as continuing trespass
or nuisance, or restraining the repetition of tortious conduct where it is most
likely to reoccur. As pointed out in Parsons (2017:/30), an injunction is an
equitable remedy, however, various statutes confer a jurisdiction to grant
injunctions, such as the Protection from Harassment Act 1997, and as such it is
a discretionary remedy.