GBL 295 EXAM 2 Essay examples

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

Civil law deals with breaches. Crimes are prosecuted by the state. The problem is civil tort law has a wide variety of legal claims. Assault, battery, trespass, and theft are all types of intentional tort civil law.

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

The purpose of tort law is to provide compensation to victims when they have experienced harm or loss. Making the person “whole” and

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

In other words, carelessness or unintentionally commissioned act that a reasonable person would do under the same circumstances. For instance, a patient goes to the emergency room with chest pain, but the doctor fails to diagnose the condition and sends the patient home. As a result, the patient later suffers a massive heart attack. In this example, the doctor did not intent to cause harm, however, he or she did fail to exercise a reasonable level of care to properly make a correct diagnose. Furthermore, it would be very difficult to prove the doctor acted negligently, but injury and cause can be proven in this case. Malpractice and negligence fall under the same umbrella, which makes it synonymous and difficult to comprehend; accordingly, many lawsuits are filed to encompass both

Strict Liability: Tort liability, which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant’s object that caused the damage.

As a tort, it is also possible for the third-party to become liable to the defendant to the action for special damages

The Plaintiff has suffered damages from the proximate cause of the defendant’s inaction and failure to follow proper procedures, in place by appropriate

(2) In those instances where the plaintiff is not guilty of negligence, he would be forced to bear a portion of the loss should one of the tortfeasors prove financially unable to satisfy his share of the damages.

Damages – defendant is responsible for monetary award to the plaintiff for the purpose of compensation and

Tort: refers to a type of law: means that an action has occurred that wrongfully harmed someone’s physical being or their belongings. These cases do not commit a crime, but one can be compensated which usually takes place in civil court.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own