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Recommended: Essay on tort laws
In this presentation we will talk about law of Torts . Tort is a wrong that involves a breach of civil duty owed to someone else. A person who suffers harm or damage is hurt in some way,hurt might be physical or it might be some other type of hurt. For example : person who shopping in supermarket and employee of the supermartket washed the floor ten minutes ago and floor is not dry,there is no sign to warn person that floor is wet,person slip on the floor and hurt leg and then he have to go to hospital, in spite of it he can not go to work for three week, in this situation he need to make a claim based on the principles of the law of tort. In this situation we have a person have physically hurt and he lost money,because of someone else’s …show more content…
“Tort” means “wrong” and it is natural to think that wrongs are the domain of tort law. Tort law does not concern itself with all the wrongs that people do,some wrongs are addressed by the criminal law ,not private law . (https://seop.illc.uva.nl/entries/tort-theories/) “ WHAT IS TORT LAW ? Tort are wrongs,these wrongs include an intentional punch,all torts involve conduct that falls below some legal standard. The list of tortious wrongs is very long. In almost all cases, the defendant is in some sense at fault,either because he instends harm or because he takes unreasonable risks of harm. In all tort cases,the defendant’s wrong results in a harm to another person,that the law is willing to say constitutes a legan injury The injured person is said to have a “cause of action”, that is, a claim against the person who committed the tort, this claim can be pursued in court. A breach of contract is often grounds for a lawsuit,but a breach of contract is often not considered to be a tort at all, it must ordinarily be redressed under the rules for contracts , not the rules for …show more content…
Non-tort systems- physical injuries inflicted by one person upon another are commonly addressed by tort law ,but there are alternatives to tort law . THE AIMS AND APPROACHES IN TORT LAW – JUSTICE AND POLICY,COMPENSATION AND DETERRENCE Morality or ccorrective justice-Particular aims of tort law are usually erected under one of two large systems of thought. The first bases tort law on moralresponsibility or corrective justice. It attempts to hold defendants liable for harms they wrongfully caused and no others. Social utility or policy- The second large system of thought reverses the emphasis ; it bases tort law on social policy or a good-for-all-of-us view. Process – one kind of utility or social policy is inward looking. Rules must be made with legal process itself mind. They must be kind of rules judges and juries can understand and apply in a practical way,and they must not leave too much to the judge’s or the jury’s discretion. Potential conflicts- the first two ways of looking at tort law are usually regarded as antithetical to each other. The legal processs view might also conflict with the aims of justice or those of policy.
However, after looking at the facts, and the ruling, Dworkin's theory of law and judicial reasoning provides us with the most satisfactory explanation, and also shows that rulings, when applying social principles are meant to enhance society and bring about social growth.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
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.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Describe tort law and the types of damages in a tort lawsuit. Provide two examples of tort damages in the business environment.
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
It is difficult to define the absolute meaning of tort because the meaning changes as society changes.
In certain cases the same incident may give rise to liability both in contract and in tort. For example, when a passenger whilst traveling with a ticket is injured owing to the negligence of the railway company, the company is liable for a wrong which is both a tort and a breach of a
Victims, on the other hand, will bear their losses (presuming that injurers are not mistakenly found negligent). As a consequence, social welfare will be less than optimal if victims are risk averse and are not insured. The foregoing points thus introduce a new element into the comparison of strict liability and the negligence
On the other hand tort law is a civil law which are some general standards of civic conduct. The focus of tort law is what the tort feaser can do about the financial harm that the victim has suffered. Another difference
In this part we are considering two major legal systems, common law and civil law; the first one is neither written or codified it is mainly based on the decisions already made by judges on previous similar cases, it is the system applied by the U.S and the U.K, where a judge makes a decision about a certain case with the help of a jury composed of normal, responsible, and sane group of people from the community. The second system is known as the civil law which is the exact opposite of the common law, it is based on written statutes, countries that use this system base their decisions on a case based on facts and investigations, actually they use codes named Legal codes, those codes determine “all matters