Tort Law

1215 Words3 Pages

Tort is a branch of private law that deals with civil wrong committed against an individual, including legal entities such as companies rather than the state. Tort law can be described as a body of obligations and remedies applied by courts in any civil proceeding to offer relieve to an individual who has just suffered emotional or physical harm as a result of the wrongful acts of others. In this case, the individual who suffers a personal injury is known as the plaintiff, while the person responsible for the infliction of the injury is referred to as tortfeasor or respondent. In essence, this law has many goals, one being that of assisting the injured to recover through either monetary compensation or even mental compensation in order to promote civility, discourage private retaliation and deter future wrongful actions.
However, there are three basic elements that must be established for every tort action. For instance, the plaintiff must prove that the offender was under a permissible duty to act in a certain manner. Second, the complainant must demonstrate that the respondent breached this duty by failing to conform to his/her behavior accordingly. Finally, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach. The gist of tort law is that an individual has certain interests which must be protected by law. This paper will be an in-depth analysis of various aspects of Tort law. Tortfeasors can incur legal punishments, including injunctions and monetary damages if the tort is successful.
Features of Tort law
A combination of basic law principles and legislative enactments is the backbone of the law of torts, and are not entirely dependent on upon an agreement between the parties ...

... middle of paper ...

...spects that identify tort's central concepts like wrongs, rights and redresses are indeed very essential in giving expression to certain moral or political principles. In contrast, non-instrumental theorists do not see tort law primarily as responding to a social problem.
Tort law reform Initiatives
In most instances, the injured is every so often compensated for as a result of a tortious act by insurance companies, especially if the injury was suffered as a result of a medical malpractice. This means that doctors may end up paying a lot of money in for of insurance premiums. This has actually resulted in several tort law reforms to conform to modern world of recovery from personal injuries. For instance, President George W. Bush advocated for a federal legislation during his time in office that would place a $2500 00 cap on noneconomic damages at the national level

Open Document