Tort Assignment

The tort of negligence is the term used to categorise behaviour that poses substantial risks to other people and property.

The primary purpose or function of the criminal law is to help maintain social order and

The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).

Criminal Law is largely statutory, and it covers certain kinds of crimes, such as murder, robbery, rape, fraud and extortion. In criminal cases, the state prosecutes the offender not the victim. There is three kinds of offenses and they are petty offenses, such as traffic violations, and they are usually punishable by a fine. Misdemeanors where you are charged a larger fine, and then you have the major offenses. They are felonies, which were mentioned earlier, those cases can be heard and prosecuted by the state or the Federal government, and they are usually punished by imprisonment. One example is the case of the OJ Simpson case, he was tried in Criminal court but he was found not guilty of Murder.

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.

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.

Tort of negligence Is a major aspect of tort law and holds a large bearing in many civil cases. Negligence is simply a breach of duty or a

These participants can be broken down into categories; the plaintiffs (the one suing), their attorneys, the defendant (the one being sued) and their attorneys, judges, and sometimes juries. Like criminal cases each participant also has a specific role to play in the dispute resolution process. In civil cases the plaintiff’s role is to have something done to them by the defense, who then hires an attorney to investigate the facts dealing with the incident and pursue some type of solution for the plaintiff. The defense’s role is to fight the suit by hiring a defense attorney whose role get the case dropped or dismissed in favor of their

A: In a criminal case, an individual is charged with breaking a particular law, such as robbery, and he/she usually serves prison time as a punishment. Sometimes, criminal cases elicit fines. In a civil case, it is often about a dispute between two parties over claims, contracts, or licenses and it usually leads to monetary awards for one side.

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).

There are two types of law criminal law and civil law. Criminal law is a violation of the penal code. A tort is a violation of the civil law. Civil law means solving conflicts between individuals. Example such as personal injury claims, the law of contracts and property and following regulations. Then there are two types of criminal law substantive law means that prohibit and the penalize murder, rape, robbery, and other crimes. The second one is procedural law that are concerned with due process of law. Due process of law means “the right of people suspected of or charged with crimes” Mathew, V. M. "Due Process of Law": (5th and 14th Amendments of the U.S. Constitution). Portland (4228 S.W. 48th Place, Portland, Or. 97221): V.M. Mathew, 1980. Print. Most relevant common laws are murder, manslaughter, mayhem, common assault aka assault, battery, assault with intent to rob, assault with intent to rape, and kidnapping etc. Wikipedia. Wikimedia Foundation, n.d. Web. 19 Mar. 2016. Tort law is a wrongdoings that are done by one party against another. As a result of the wrongdoing, the injured person may take civil action against the other party. Simply tort means a civil wrong. There are three types’ torts first is plaintiff, second tortfeasor, and last

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.

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.