Tort Law Can Be Defined As An Area Of Law

Tort can be defined as, “an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person (AA pg632). There are four main types of tort, these are: a) intentionally interferences, b) strict liability, c) negligence, and d) defamation (AA). Tort cases involving schools predominantly involve parents as plaintiffs and the school personnel as defendants. Although tort cases are relatively common, only around one-third of the plaintiffs are successful with their suits (A). However, as successful plaintiffs receive damages, on average worth more

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

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

Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.

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 Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the wrongdoer, but rather to pay damages to remedy a wrong. A Tort cannot happen without harm occurring. One who has committed a Tort has broken a law against an individual. Typically, damages are paid to the individual in order to make them “whole” and in an effort to make good on their wrongdoings.

The distinctive body of law which is now referred to as tort arouse in the 1580’s with the first usage of the word ‘tort’ in a legal context. The general creation of ‘tort’ in a court of law was made to allow a party that has suffered harm due to the inactions or actions caused by an opposing party to impeach legal liability to the opposing party or to allow the accused party the right to defend their liability of such harms. The primary purpose of tort law Is to redress imbalances which has led to harm caused by another party this allows aggrieved parties to have the right and freedom to seek compensation for such damages as a court of law sees fit. Tort has a large distinction from other areas of law as crimes are punishable by the state, whereas as for a tort has specific consequences and allows the injured person or party the right to action. Tort’s largest outlying factor which differentiate from other areas of the law is the fact that for other areas of the law the case will classify the pursuant to their seriousness and in regards to tort this would not be the case due to the case will be decided in regards to a party’s legal liability and that the injured party receives right and just compensation for their losses.

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

The difference between a crime and a tort is a crime warrants punishment such, as jail time and a tort provides a plaintive with damages and compensation usually in the form of money (compensatory damages and or punitive damages). A tour protects people who have suffered a loss due to little or no fault of their own. Crimes involve protecting the general population. A crime is more of a social harm and a tort is a civil wrong. Tort cases involve different types of wrongful, culpability, or fault, and define them in varying ways such as intent, recklessness, negligence, and strict liability (Mallor, 02/2015, p. 182). A crime is defined as a criminal wrong, offense, felony, or misdemeanor. A felony is a serious crime such as murder, sexual assault, arson, and drug dealing. A misdemeanor is a lesser offense and includes things such as traffic violations and disorderly conduct. An example of a tort case is the hot coffee case an example of a crime is the OJ Simpson case.

he Tort Law is a civil injury or wrongful act that is committed against another person or property resulting in harm and his compensated by money damages. To sue for a tort a person must have suffered a mental or physical injury that was caused by the physician or the physician's employee. The tort reform is a "group of ideas and laws designed to change the way or civl justice system works." The tort reform movement was started in 1970 and headed up by insurance companies and large corporations in which to attack the civil justice system and change laws not by case by case but by legislation.

In the second case (Tracy R Curry vs. John A Klarich), once each side had stated their part of the incident the first thing that came to mind was Tort Law, but more specifically negligence. The case ruling was negligence per se, which is a doctrine within the law of the United States of America whereby an act is considered negligent because it violates a statute. Not only did the defendant violate the law, but it was also a contributory negligence from both the plaintiff and defendant. They were both responsible on some account for the accident that they caused as well as the injuries that they had. The Plaintiff then cannot recover, no matter the state of the negligence committed, so there is no liability. As for Case 2 the ruling of the negligence

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.

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.

A tort might be stated as a civil wrong not happening out of a contract or a relationship created on trust, which is considered by a harm of the legal right preserved on others and an act for repressible damages. Therefore the objective of torts is toward recompense the victim and not penalizes the wrong person. Before we start a ride into in what way tort law operates it would be sensible to know the nature of the torts committed and their growths over the years. This would not lone help in considerate the current situation in a clearer manner but can also deliver a logic of history about torts.

Tort in legitimate words can be characterized as the collection of different commitments, cures and rights that are put to use by courts whilst common procedures to guarantee equity is served and help is given to individuals who experience the ill effects of the unsafe and wrongful demonstration of others.