Introduction
A tort is a wrongful act or an infringement of a right other than under a contract leading to civil legal liability. Torts differ from contract law in terms of the voluntariness of entering into an agreement. When two or more parties create a contract, each party agrees to give up something in return for receiving some benefit. Parties to a contract voluntarily and knowingly assume duties and obligations to others. By contrast in tort law, duties are imposed by the law without the express consent or even the awareness of those involved.
Torts law is divided into law that addresses intentional torts, negligence torts, and strict liability torts. Like contracts, damages are available as a remedy for losses caused by the tort.
Types of Torts
Intentional Torts
A tortious act that is committed intentionally with the purpose of causing harm is an intentional tort. Acts such as assault, battery, fraud, trespassing, trespass to chattel and false imprisonment would all be considered intentional torts. Not every action that produces injury however is cause for an intentional tort lawsuit. Intent is a requirement. Reckless or negligent behavior would not qualify. Intentional torts are divided into two categories. These are torts against persons and torts against property. Torts against persons would include acts such as assault, battery, and false imprisonment, while torts against property would include trespass to land, trespass to chattel, and conversion.
Defenses
Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.
Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action
The scenarios below provide several examples of torts to include negligence, unintentional torts, intentional torts, assault, battery, etc. Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party (Cornell, 2010).
Intentional Tort: Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.
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.
Another type of defense is mistake, which is the “good-faith belief, based upon incorrect information, that one is justified in committing an intentional tort under the circumstances (Buckley & Okrent, 2004).” This means that a person acting on false information that they believed to be true committed a tort themselves. For mistake to be a legal defense, certain elements must be met. These elements are “good-faith conviction that one’s actions are justified, with the belief based upon faulty information, and the conduct would otherwise be considered tortious but for the erroneous belief (Buckley & Okrent, 2004).”
The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party.
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.
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
There are several different Tort laws and concepts. The text covered the basis, intentional and unintentional torts, business torts, and property. “Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act. In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered.” (Cross, F. B. 2015)
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
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.
Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.