Torts in law at help


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Torts in law at help

  1. 1. Torts in Law at<br /><br />
  2. 2. What is a Tort<br />A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. <br />This is in exception to contractual duty. <br />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. <br /><br />
  3. 3. Who Commits a Tort<br />One who commits a tort is called tortfeasor. <br />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.<br /><br />
  4. 4. What makes up a Tort<br />Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused. <br />Legal injuries are not limited to physical injuries. <br />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.<br /><br />
  5. 5. What makes up a Tort<br />In the law world, the most prominent tort liability is negligence. <br />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.<br /><br />
  6. 6. Types of Torts<br />Torts are categorized into <br />negligence torts, <br />intentional torts and <br />standard torts. <br /><br />
  7. 7. Negligence torts<br />The standard action in tort is negligence. <br />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. <br /><br />
  8. 8. Intentional torts<br />These include those torts arising from the occupation or use of land. <br />The torts of nuisance, trespass, etc come under this category. <br /><br />
  9. 9. Intentional torts<br />Intentional torts also include false imprisonment, the tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation.<br /><br />
  10. 10. Statutory torts<br />Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts. <br />Examples include consumer protection laws, labor laws governing safety and health of workers, etc.<br /><br />
  11. 11. The circumstances of Tort<br />The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort. <br />The plaintiff owns a duty of care. <br />A duty of care is a relationship which exists between a plaintiff and the defendant. <br />There must be a breach of that duty and the plaintiff suffered damages as a result of that breach.<br /><br />
  12. 12. The circumstances of Tort<br />The defendant has to take proper care not to damage or cause injury to the property, emotion, reputation and to the person himself. <br />And lastly, the damage must be significant and not remote.<br /><br />
  13. 13. Nuisance<br />Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others. <br />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. <br /><br />
  14. 14. Defamation<br />Defamation is tarnishing the reputation of someone. <br />They are of two types. One is slander and the other is libel. <br />Slander is spoken defamation and libel is printed or broadcast defamation. <br /><br />
  15. 15. Liabilities, defenses and remedies<br />Vicarious liability: One person is liable for the wrongful act of another on the basis of the legal relationship between them.<br />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.<br />Negligent liability: The defendant’s conduct does not confirm with the standard of conduct that the law says reasonable.<br /><br />
  16. 16.<br />For more details you can visit our websites at and<br />Thank You<br /><br />