Common Law Torts: Elements and Defenses Essay

An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law - Tort | Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law will never tolerate ("Tort Law - Tort | Laws.Com").

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

party. The goal of tort law is to shift / distribute losses from victims to perpetrators.

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

With the prominence of the tort reform debate on state legislative floors across the country, many states have introduced and even passed bills that address reform issues within their respective states. Many reform proponents feel that changes in the civil justice system should

The tort law can be traced back to the late 1500s when ancient Roman law contained rules for torts, also known as wrongful acts, that later influenced the rest of Europe in regards to civil law jurisdictions. People have been suing over torts since the beginning of time and there has not been a limit to how much money the defendant could be sued for, that is for damages. It wasn’t until large businesses decided to change the tort law to satisfy and financially help themselves. With the change that they proposed, people’s rights are still at risk and are being taken advantage of, because many are uninformed of how such corporations are abusing the civil justice system.

2. Maclntyre, Ewan. "The Law of Torts 1." Introduction to Business Law. 2nd ed. Essex: Pearson Education, 2012. 258-304. Print.

Owning a business is very rewarding, however, it comes with many challenges as well. There are many torts and laws a business owner should be aware of in order to make sure they are abiding by the laws set forth before them. The characters have found themselves in a wide variety of situations that must be dealt with and handled accordingly.

There are four elements to tort law: duty, breach of duty, causation, and injury. To claim damages, there must be a breach in the duty of the defendant

The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict

Paul Morel, a former employee of Baxter Heaton, LLP, has brought suit against his former employer for sexual harassment and hostile work environment under 42 U.S.C. § 2000e-2(a). The defendant, Baxter Heaton, respectfully requests the court to grant summary judgment against Morel. A reasonable employee would not have perceived the work environment to be hostile and Morel himself did not perceive the environment to be hostile. Also, Morel cannot impute his co-worker’s conduct to the firm because the firm was not negligent in handling the matter.

In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and

The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010).

Business Law-Law Business and Society states that torts are, “civil wrongs not arising from contracts.”(McAdams. P. 278) Torts involve a breach of duty resulting in loss and or injury. Negligence is defined as, “situations in which harm is caused accidently, and no intent is present.” (McAdams. p.279)

Law and economics is an interdisciplinary field that applies economic theory to examine the formation and the impact of tort law and the tort damages. It focuses mainly on deterrence, paying little attention to justice, fairness, or distribution. It is a tool to assess the costs and benefits that UCC was looking as an outcome of setting up a plant in India - Union Carbide India Ltd (UCIL) - a subsidiary of the Union Carbide Corporation (UCC). We need to determine who bears the burden of the injury and if this injury caused by UCC are compensable to what extent. Two important forms of tort law, which can be used to analyze, are Positivistic Economics and the Normative Economics. Positive economics describes how legal rules influence