Preview

Tort

Powerful Essays
Open Document
Open Document
1450 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tort
Introduction
There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages, injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs, injuries or damages. Thus, the goal of tort is to restore the victim to business or individual’s former condition. So, if a individual or business is injured by an act or situation, the victim can restore his position by the help of tort law.

What is Tort?
The term ‘tort’ is the French equivalent of the English word ‘wrong’ and of the Roman law term ‘delict’. The word tort is derived from the Latin word ‘tortum’ which means twisted or crooked or unlawful which is just the opposite of straight or lawful. Torts are usually offenses committed by a person who attempts or intends to do harm. Torts are the acts that injure someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, which are opposed to criminal ones.
According to Salmond and Hueston, “A tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.”
Dr. Winfield has made a critical examination of possible or current definition. He told that tortuous liability arises from the breach of a duty primarily fixed by the law, such duty is towards persons generally and its breach is redressable by an action for unliquidated damages.
This branch of law mainly consist various torts i.e. wrongful acts whereby one person is liable for his acts when he violates the legal rights of the other in some of the other way and is supposed to pay damages. The person

You May Also Find These Documents Helpful

  • Powerful Essays

    Have you ever followed a court case and been astonished at the outcome and the damages awarded in the case? I believe we have all heard about cases where the plaintiff is awarded a very large sum of money for a case that appears not to warrant the award. Most of these scenarios take place in cases where the tort law applies. According to authors Kubasek, Brennan and Browne (2009), tort law is defined as injury that to a person or their property. Tort law is primarily a state law and stipulations can vary. Tort law was put in place to encourage civility, discourage people and companies from private retaliation and to compensate innocent people who are injured due to the wrongful act of a person or company. According to The Legal Environment of Business A Critical Thinking Approach, there are different types of damages awarded in relation to tort cases. These damages are nominal, which is usually awarded when the plaintiff has not suffered serious damage, compensatory, which include general and special damages, and punitive damages. Punitive damages are usually intended to punish defendants and often go beyond simply compensating the plaintiff. (Kubasek et al.,2009)…

    • 3046 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    TORT - A Tort is a civil wrong that is outside of Contract Law and arises out of a recognition that a person is responsible for their acts and omissions when dealing with others. The term "Tort" refers to a number of different laws such as nuisance, trespass and assault. Torts action generally compensates the individual for personal loss where the loss was caused by another person. It is based on Common Law.…

    • 9301 Words
    • 38 Pages
    Good Essays
  • Good Essays

    Jones V. Tsige Case Study

    • 534 Words
    • 3 Pages

    The tort system provides compensation to individuals who have been wronged or injured by the activity of another individual. Until the Ontario Court of Appeal decision in Jones v. Tsige in 2012, resulting in the creation of the tort of intrusion upon seclusion, the common law did not include torts that did not entail a personal or financial injury. It is essential the common law includes torts that do not entail actual injury to provide individuals the means of seeking remedies when they are wronged from the wrongdoer responsible for the action.…

    • 534 Words
    • 3 Pages
    Good Essays
  • Better Essays

    GBL 295 EXAM 2

    • 1533 Words
    • 4 Pages

    providing private remedy for injury to one party caused by the tortious conduct of another…

    • 1533 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Unit 1 W300

    • 456 Words
    • 2 Pages

    In contract there has to be a contractual relationship between a claimant and a defendant before an action for breach of contract can be brought. In tort, the scope of liability is much wider.Obligations in tort are owed to the world at large…

    • 456 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    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.…

    • 1189 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    LA 245 Study Guide

    • 6344 Words
    • 24 Pages

    Torts: a violation of a duty imposed by the civil law. When someone breaks one of those duties and injures another, it is tort…

    • 6344 Words
    • 24 Pages
    Powerful Essays
  • Satisfactory Essays

    There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…

    • 193 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The main purpose of personal injury law definition is to compensate the injured person. Most personal injuries cases fall under the category of a tort. In Latin, the term tort means wrong or harm. However, it is important to point out that these cases differ from criminal ones because in personal injury cases we are talking about someone’s results out of negligence actions.…

    • 573 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Tort Outline

    • 9959 Words
    • 40 Pages

    1) Introduction a) Definition – A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. A person who breaches a tort duty (i.e., a duty to act in a manner that will not injure another person) has committed a tort and may be liable in a lawsuit brought by a person injured because of that tort. Torts is a fault-based system. b) Purposes of tort law: (1) to provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands”; (2) to deter wrongful action; (3) to encourage socially responsible behavior; and, (4) to restore injured parties to their original condition, insofar as the law can do this, by compensating them for their injury. 2) Intentional Torts a) Assault, battery, false imprisonment, trespass to chattels, and trespass to land. b) Intent i) Meaning of intent: There is no general meaning of “intent” when discussing intentional torts. For each individual tort, you have to memorize a different definition of “intent.” All that the intentional torts have in common is that D must have intended to bring about some sort of physical or mental effect upon another person. (1) No intent to harm: The intentional torts are generally not defined in such a way as to require D to have intended to harm the plaintiff. (Example: D points a water gun at P, making it seem like a robbery, when in fact it is a practical joke. If D has intended to put P in fear of imminent harmful bodily contact, the intent for assault…

    • 9959 Words
    • 40 Pages
    Good Essays
  • Satisfactory Essays

    tort law deals with conduct that leads to injuries not considered acceptable by societal standards…

    • 519 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Tort Reform in the Us

    • 1193 Words
    • 5 Pages

    Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur, where responsibility is predetermined, tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible, or liable for such injuries. Tort law is broken down into three main categories, negligence, strict liability, and intentional tort. In negligence tort one is accused of causing damages through their carelessness. After accusation of negligence the plaintiff must be able to show that the defendant had duty of care, and that a breach of duty had occurred that caused the damages. Strict liability is a legal doctrine that makes someone responsible for damages caused by their actions (e.g. product liability). Intentional tort is much like negligence, but instead of one causing damages by accident, there was reckless action or intent to cause the damages that occurred (e.g. assault, battery). Tort cases are based on common law, which is laws that have been developed through court decisions, i.e. precedent. However, in certain cases tort law can also be based on statutory law laid out by the legislature. It is up to the court to decide which rule should take a higher standing depending on the case.…

    • 1193 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Hot Coffee

    • 1875 Words
    • 8 Pages

    A tort is a non-criminal civil wrong that is caused either on purpose or through negligence (Simon, Eddins…

    • 1875 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Tort Reform

    • 1409 Words
    • 6 Pages

    In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the award that could be received (Crane). The upbringing of this reform has also brought to the table two clear and divided groups and their opinions of tort reform; the advocates of tort reform and the opposition.…

    • 1409 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    LAWS1061 Exam Notes

    • 10741 Words
    • 47 Pages

    Definition of tort law concerns the obligations of persons living a crowded society to respect the safety, property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed).…

    • 10741 Words
    • 47 Pages
    Good Essays