Tort Law Cases Essay

A tort is an act of wrong doing to one in the absence of a contract. The wrong doing occurs when there is a breach of duty, that is, when one has been inattentive to act in a reasonable manner. The wrong doing or wrongful act must cause loss or injury in order to be acknowledged as a tort. Furthermore, a tort is not necessarily a crime, but depending on the wrongful act committed, could be considered both a tort and a crime, such as when one is physically attacked. A tort is treated as a civil wrong, is used to more or less, make amends to the individual victim via compensation; punitive damages may also be assessed. A crime is considered a public wrong, a breach of duty to the general public, resulting in criminal action being taken by the state, which may include punishment via incarceration. (McAdams, 2015, p. 278).

There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).

during the incident. The distinction between crime and torts is that crime is a conduct of shown

ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.

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.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

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.

First, criminal law is a crime and considered a type of wrongdoing. It can be against an individual or to society as a whole that is perceived as threatening, harmful, or otherwise an endangerment to a person’s property, health, safety, and/or moral welfare. We define these crimes as assault, battery, arson, rape, or fraud, just to name a few. Therefore, if a person allegedly has committed a crime, a public official such as a district attorney, will file a case against a defendant, whom is then required to appear in court. The defendant then will need to appear before a judge or jury and based on the evidence presented a finding will be either innocence or guilt. If a defendant in a criminal matter is found guilty, our society believes that a defendant should serve a punishment for their wrong doings. Therefore, punishments for the wrong doer are either fines, probation, imprisonment, or in some cases even death.

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

If you've been injured by another person or organisation in Santa Ana or in the surrounding area, it's only natural that you're upset want to know all your options concerning personal injury law. Consider coming to Traut Law for an assessment of your case. Our aim is to give you an understanding of your legal position, and if possible, we'll guide you through the legal process of holding those responsible for your injury accountable.

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

As a business owner or manager, one must always be aware of potential risks and liabilities, and perform necessary actions to limit or remove those liabilities in their entirety. These foreseeable risks are situations which can subject the owner to different types of torts. Furthermore, beyond just reducing the possible financial and criminal liability, owners have an ethical responsibility to provide an environment free of the risk of damages to their customers. The following is a discussion of a potentially tortious situation, legal and ethical responsibilities of the owner, and methods of mitigating risk.

evidence with regard to the issue. The Supreme Court believed the respondent was denied due

There have been some successful attempts to address violence in the area of tort law, or civil wrongs. Actions for negligence have been brought in cases where the defendants have breached their duty to protect women at foreseeable risk of violence. Examples include an action against the police for failing to protect women against a known rapist and actions against landlords for failure to protect tenants from rape and other forms of assault. Negligence actions are potentially available against any body or person with a responsibility to protect the community or provide a safe environment, for example, a school or university, an occupier of a public building, or perhaps a local government authority with responsibility for street lighting. The tort of trespass to the person, which includes assault and battery, has also been used directly against perpetrators.