Essay on Notes on Torts, Negligence, and Strict Liability

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.

Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action

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

The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party.

An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.

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.

4. Explain the actions to take if there are suspicions that an individual is being abused (2.2.1)

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).

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

Intentional Infliction of Emotional Distress – elements – (1) outrageous conduct by the tortfeasor, (2) conduct intended to cause severe mental anguish in the victim, (3) the victim’s suffering of severe mental anguish as a consequence of the tortfeasor’s behavior

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

Remember: Intentional torts is when a person acts with intent of injuring a person his property or both.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

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.