Torts in Law at Help With Assignment

Torts in Law at
HelpWithAssignment.com
www.HelpWithAssignment.com
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.
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.
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.
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.
Types of Torts
• Torts are categorized into
– negligence torts,
– intentional torts and
– standard torts.
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.
Intentional torts
• These include those torts arising from the
occupation or use of land.
• The torts of nuisance, trespass, etc come
under this category.
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.
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.
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.
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.
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.
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.
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.
• For more details you can visit our websites at
http://www.helpwithassignment.com/law-assi
gnment-help
and http://www.helpwiththesis.com
Thank You

Torts in Law at Help With Assignment

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Torts in Law at Help With Assignment

Uploaded by

Copyright:

Available Formats

Torts in Law at

You might also like