Does the Law of Torts consist of a fundamental general principle that Assignment

Does the Law of Torts consist of a fundamental general principle that it is wrongful to cause harm to other persons in the abse - Assignment Example Developments in common law support the latter perspective. Earlier cases on negligence supported the first view but latter trends in jurisprudence reinforced the second perspective. A core principle in tort law is the non-materiality of intent or motive. The rationale for this principle is the prevention of the danger posed in leaving the jury with the responsibility of determining the liability of the defendant based on their views towards the propriety or wrongfulness of the defendant’s motives, especially since it is difficult to determine the motives of the defendant. (Cohen and Cohen 211) This principle developed from several cases. In The Mayor of Bradford v. Pickles, the court held that an improper or even malicious motive that causes damage but is not against the law is not actionable. The court rejected the claim of the plaintiffs because diverting underground water, regardless of intent, is within the property rights of the defendant and therefore legal. The same pri nciple has been reiterated in Allen v. Flood and Abbott v. Sullivan. Non-materiality of intent coincides with the second perspective. The first perspective expresses the general rule on tort liability subject only to negation by a justification or excuse. ... The claimant has to focus on showing that the action of the defendant falls under the actionable acts. The act itself is material and the intent is not, so that the second perspective aligns with the principle of non-materiality of intent. The law of torts comprise of a set of rules that establish particular types of harm or injury. As such, liability for tort only ensues when the action of the defendant is proven to fall within this set of rules. (Cohen and Cohen 211) Chapter 32 of the Torts Act 1977 defines the actions considered as wrongful interference with goods, which are â€Å"(1) conversion of goods, (2) trespass to foods, (3) negligence that results in damage to goods or to an interest in goods, and (4) subject to section 2, any other torts so far as it results in damages or to an interest†. The Occupier’s Liability Acts of 1956 and 1984 describes the minimum duty of care towards people’s safety of an occupier (e.g. shop owner, land tenant), who invites other people into the premises or has trespassers. Tort law provisions set the coverage of actionable wrongs to the exemption of all uncovered actions. Liability does not accrue for actions not falling under the forms of wrongful interference with goods and duty of care towards people’s safety is not enforceable in other circumstances apart from what was described by law. As such, tort law expresses the second perspective since it involves a set of specific rules citing harmful activity to the exclusion of other acts. The specific rules in tort law require that the primary question asked is whether the injury claimed by the plaintiff falls within the specific forms of harmful activity (Cohen and Cohen 211). Again, this expresses the second perspective. If tort