Common Law Torts: Elements and Defenses Essay

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The workplace represents a conglomerate of persons from diverse demographics whose primary aim is organizational development. Motivated by bodily pleasures, employees and employers gradually develop emotional attachment towards each other, a situation that ultimately leads to sexual relations in exchange of favors. However, if the sexual urge is not voluntarily provided, instances of sexual harassment come into play. This catapults the proliferation of tort laws. Tort laws incorporate laws that govern private civil wrongs. For this reason, torts law serves as a remedy to a person who is wronged or harmed.
This research paper accentuates the importance of common law torts in a dynamic economic environment as mitigation measures to curb
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For this reason, tort law differs from contract law since it has no capacity to unify persons. Tort law has gradually found a home in the business sector with many individuals resorting to tort law as a remedy to their business related conflict. Law of tort concentrates on obligations related matters and not in crime. For instance, Property law identifies the owner of the land as tort law protects the owner’s rights of privacy and governs trespass. There are various common law torts including personal torts, personal property torts and real property torts.
The term element refers to a portion of a rule that comprises the preconditions necessary in the entire rule (Statsky 2011). Statsky (2011) argues that a complainant should ensure that all the elements qualify and cover all elements present in a tort. This is because it will greatly flourish the tort. Personal torts in common law elements included death of either the victim or tortfeasor. This implies that the death of the victim watered down the tort eligibility. On the other hand, personal property torts accentuate the death of the tortfeasor and subsequent survival of the victim. In real property torts, common law dictates that victim and tortfeasor die. For tort to take place there are two things that must be experienced namely actual or legal damages to the claimant and the wrongful act done by the defendant. There are
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