Introduction
Tort is described as that branch of the civil law relating to obligations imposed by the operation of law on natural and artificial persons. Tort enables the person to whom the obligation is owed to pursue a remedy on his own behalf where breach of a relevant norm of conduct infringes his interests to a degree recognised by the law as such an infringement. The law of torts can be broadly divided into two classes - one group dealing with harm caused negligently and the other dealing with harm caused intentionally.
The focus of this essay is limited, though not exclusively, to intentional torts which are then narrowed down to trespass to the person. Trespass to the person requires direct interference with a person’s body or liberty. There are three main forms of trespass to the person, namely battery, assault and false imprisonment. There are also two other forms of actions - Intentional Affliction of Emotional Distress (hereafter I.A.E.D) and the statutory causes of action for harassment provided for in the Protection from Harassment Act 1997. These different causes of action shall be explored and analysed during the course of this paper.
I would discuss the potential liabilities of the parties involved.
Sharon
Sharon who “repeatedly caressed” the shoulder of her work colleague Simon could be potentially liable for battery. Battery is defined as an intentional act by the defendant which directly causes a physical interference or force on the body of the
In case #1, Helen Happy could pursue court action, because of the situation she was in during her encounter with Zeb Zuggins. In Business Law in Canada, written by Richard A. Yates, Teresa Bereznicki-Korol, and Trevor Clarke, a tort is committed when, “one person causes injury to another, harming his or her person, property or reputation (p.99). For Helen Happy, who has suffered both physical and psychological injuries, the tort law can help her obtain compensation and punish the defendant, Zeb Zuggins for his wrongful behaviour. As the plaintiff, who suffered a number of losses after the incident, she could argue trespass to person, specifically battery, after Zeb pushed her to the passenger’s seat, punched her, and threw her out of the car. In order to prove battery in a court room, the action must be unwanted, intentional and involve physical contact. Furthermore, in this case, it can be argued that Ike Inkster’s carelessness provided Zeb with the opportunity to escape the van because Ike’s co-worker was left with an unrestrained inmate, while Ike left to check upon the accident in front of them. Since Ike and Melvin were working during business hours, the tort occurred while they were on shift, and Helen Happy could hold the Alberta Correctional Services potentially liable for the incident that happened on January 26th, 2013. According to (Yates et al. 2013), in Business Law in Canada, a business can be vicariously liable for the actions of an employee during employment
The plaintiff, Wilbur, bears the burden of proof, thus the impact the accuser must come across in order to win their case. About two months ago, Wilbur was attending an anger management counseling session with Chuck, who works for a Limited Liability Company XYZ Counseling Agency. During the session, Chuck became very angry at Wilbur for failing to improve and beat him up. In this case, Chuck’s assault towards Wilbur is
Torts are classified as civil wrongs that are caused by a parties intentional or unintentional harm. Tort law is design to compensate the innocent party or force the guilty party to start or stop doing something.
Business Law-Law Business and Society states that torts are, “civil wrongs not arising from contracts.”(McAdams. P. 278) Torts involve a breach of duty resulting in loss and or injury. Negligence is defined as, “situations in which harm is caused accidently, and no intent is present.” (McAdams. p.279)
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
3. When someone intentionally injuries a person or interferes with a person’s property, an intentional tort has been committed. An intentional tort differs from an unintentional tort in that the perpetrator of an intentional tort intends to bring about a specific result or consequence. When we hear the word assault, we tend to think of a harmful physical act. In tort law, however, the plaintiff simply has to prove that the defendant threatened harm; the plaintiff believed the threat was genuine, and the defendant could have carried out the threat. Assault is often followed by battery, the intentional
A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116)
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.
Tort, Not Torte: A tort is a civil wrong, and if someone commits one that injures you, you can sue for money damages. Intentional torts include fraud or invasion of privacy, while negligent torts include medical malpractice and car accidents resulting in personal injury or wrongful death. You need an accident injury attorney for a tort. On the other hand, you need a fork for a torte, which is a delicious chocolate-iced cake.
*What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy.
A tort is a civil wrong that occurs when a party breaches a legal duty owed to another party and as a result the non-breaching party seeks remedy in the form of damages. Negligence is an unintentional tort that occurs when a party fails to provide the proper standard of care that a reasonable person would have provided in a similar situation. A higher degree of negligence is gross negligence. Gross negligence occurs when a party’s action falls substantially below “reasonable care” and such action can be considered as intentional rather than
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.
In the American legal system, cases based off civil wrongs are known as Torts. These cases have multiple variances of descriptions which help to determine the exact element of each tort. This document will focus on negligence. A complete definition will be provided, followed a personal first hand experience. The concluding summary will be a brief overview of the information provided. Please note, the personal account does not include a complete litigation process. Only a description of events leading up to my decision not to prosecute. All definitions, facts, reference material, and ideas will focus on torts, as well as tort reform.
This week we have been introduced to intentional torts, including battery, assault, trespass of land, trespass of chattels, conversion and false imprisonment. Most of us are blind to tortious acts, yet they are clearly occurring around us. This class will, in part, give us an attorney’s awareness of torts in the real world. In 2005 there were 2,012 intentional torts, slander/libel, false arrest/imprisonment, and conversion claims in state courts. (Thomas H. Cohen) Many more torts are too minor to ever result in a lawsuit. Below, I will discuss intentional torts that I have experienced or which may occur in my daily life.
A Tort is a legal construct and is not to be confused with a wrong in the general sense. It only exists where the law exists’’ The question is, Where there is no debate or argument that a duty of care is owed to customers, public, employees where possibility of a risk may occur, that the scope of liability in the tort of negligence or breach of duty.