Torts And Crimes

In common law, defamation in writing is classified as Libel, and oral defamation as Slander” There are four elements of defamation.

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

o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer.

An intentional tort case is proved by the plaintiff showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff shows that the defendant did not act carefully as the law requires and therefore should be liable for any damages to the plaintiff (1). The strict liability cases occur when a plaintiff suffers damages even though the defendant acted carefully and with no intent of harm being done to them (1).

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.

An intentional tort is one that is intentional or deliberate in nature. Examples of subcategories of intentional torts are assault and battery, false imprisonment, and inflicting intentional mental distress. Assault and battery is often a result of corporal punishment in schools. This means that physical punishment has been used as a means to discipline the children in schools and is still legal in some states, but not Pennsylvania. In assault and battery, assault is the threat and battery is the impact that is made. False imprisonment is the physical containment of another person or intimidation (sometimes verbally) that confines another person. In schools, physical restraint should be reserved for only those times when an individual presents as a threat to others or themselves. Infliction of intentional mental distress occurs when a person causes another mental anguish in a manner that is considered extreme.

Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.

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).

1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require intent. The person who committed the tort must have intended to cause harm. The harm, however, does not require malice or ill will, just the

Response: Defamation Law is under Tort Law and it is referred to as “false statements about a person, communicated as fact to one or more other persons by an individual or entity (such as a person, newspaper, magazine, or political organization), which causes damage and does harm to the target’s reputation and/or standing in the community”. State legislation primarily addresses defamation. In these cases, Constitutional law can be applied to certain defamation claims due to the right of free speech. Slander and libel are categorized as different forms of defamation.

When a person violates another person’s legal rights deliberately it is considered an intentional tort (Mayer et al. n.d.). Intentional torts are when someone is assaulting someone, trespassing on a person private property, false imprisonment of an individual or individuals,

An act wilfully done which is calculated to cause, and does cause, physical harm to a person is a tort, although it may not be trespass to the person or other specific tort. This principle was laid down by WRIGHT, J. in Wilkinson v Downton [1897] 2 QB 57; 76 LT 493.