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A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. This is in exception to contractual duty. A tort is similar to crime but crimes involve breach of duties toward the society in general. The aggrieved party who has been injured due to a tort may bring a lawsuit.

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Torts in Law at HelpWithAssignment.com

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Torts in law at helpwithassignment com l.jpg

Torts in Law at HelpWithAssignment.com

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What is a Tort

  • A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else.

  • This is in exception to contractual duty.

  • A tort is similar to crime but crimes involve breach of duties toward the society in general. The aggrieved party who has been injured due to a tort may bring a lawsuit.

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Who Commits a Tort

  • One who commits a tort is called tortfeasor.

  • A person who suffers a tortuous act is entitled to receive damages, usually monetary compensation, from the person or people responsible or liable for those injuries.

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What makes up a Tort

  • Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused.

  • Legal injuries are not limited to physical injuries.

  • They may also include emotional, economic, or reputational injuries as well as violations of privacy, liability for defective consumer products, copyright infringement and environmental pollution among many others.

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What makes up a Tort

  • In the law world, the most prominent tort liability is negligence.

  • If the injured party can prove that the person believed to have caused the injury acted negligently, that is without taking a reasonable care to avoid injuring others- tort law will allow compensation.

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Types of Torts

  • Torts are categorized into

    • negligence torts,

    • intentional torts and

    • standard torts.

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Negligence torts

  • The standard action in tort is negligence.

  • The tort of negligence provides a cause of action leading to damages, to belief, in each case designed to protect legal rights, including those of personal safety, property and in some cases, intangible economic interests.

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Intentional torts

  • These include those torts arising from the occupation or use of land.

  • The torts of nuisance, trespass, etc come under this category.

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Intentional torts

  • Intentional torts also include false imprisonment, the tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation.

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Statutory torts

  • Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts.

  • Examples include consumer protection laws, labor laws governing safety and health of workers, etc.

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The circumstances of Tort

  • The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort.

  • The plaintiff owns a duty of care.

  • A duty of care is a relationship which exists between a plaintiff and the defendant.

  • There must be a breach of that duty and the plaintiff suffered damages as a result of that breach.

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The circumstances of Tort

  • The defendant has to take proper care not to damage or cause injury to the property, emotion, reputation and to the person himself.

  • And lastly, the damage must be significant and not remote.

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Nuisance

  • Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others.

  • To describe the harm caused by the before mentioned activity or condition and to describe a legal liability that arises from the combination of the two.

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Defamation

  • Defamation is tarnishing the reputation of someone.

  • They are of two types. One is slander and the other is libel.

  • Slander is spoken defamation and libel is printed or broadcast defamation.

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Liabilities, defenses and remedies

  • Vicarious liability: One person is liable for the wrongful act of another on the basis of the legal relationship between them.

  • Strict liability: when a party is liable for a tort even where there is no intention to commit wrong and no negligence. These torts are no longer available.

  • Negligent liability: The defendant’s conduct does not confirm with the standard of conduct that the law says reasonable.

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www.HelpWithAssignment.com

  • For more details you can visit our websites at http://www.helpwithassignment.com/law-assignment-help and http://www.helpwiththesis.com

    Thank You

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