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Tort Law is a remedy for breach of contract. It is a legal action that can be taken against the person who breached the terms and conditions of contact.
One or more parties may make claim to court if there was any significant damage to their interests (may be financial). The damages should not only cover the cost of restoration, but also must include compensation for "loss of profit" or "loss of opportunity". This is the reason why tort law has been also named as "Civil Wrongs Law".
There are two types of damages that may be awarded by court:
One special damage typically occurs when someone breaches a contract that is based on a written document. For example, if someone buys a house, but the seller did not provide all facts about the house as promised in sale agreements, then buyer may succeed tort law lawsuit for specific performance. In this case, court will order the seller to pay back the money the buyer paid for the house immediately
If buyer bought the house using a mortgage loan from the bank, then buyer may succeed tort law lawsuit for specific performance and order the bank to give back borrower's money.
This is strong example of how tort law can protect a party when other party fails to fulfill his or her promise due to negligence.
On the contrary, damages for tort law can also include money compensation given to parties whose reputation, image or confidence was damaged due to other party's negligence. For example, if someone accidentally hits a stranger with her car and broke his leg in the process, then she may succeed tort law lawsuit for causing harm (such as hospital bills) and recover damages from the driver.
Tort law is the body of law concerning civil wrongs or injuries in which there is no contract or privity between the parties. The fields of tort include negligence, strict liability for ultrahazardous activities, products liability, defamation, and so on. As a body of law that regulates private behavior in which there is no contract with the state (as opposed to criminal law), it derives from common law rather than statute.
Liability within tort may be imposed not only by statute but also by courts.
Typically, all persons who are responsible for the damages must be liable.
Also, liabilities within torts can be divided into 3 categories: strict liability, negligence and intentional torts.
Strict liability is shown when there is no regard of intention or negligence from one party. It means that if someone has been injured by another person because of product defect, the injured person can sue the company for producing that product.
Negligence is a failure to use reasonable care to prevent harm or risk of harm to oneself or others. This type of liability requires a standard of reasonable behavior in society. When someone has been harmed and it is determined that the harm was caused by another party's negligence, then a plaintiff can recover damages from the negligent party.
Intentional torts are those that occur when one party intentionally causes harm to another person. Some examples of common intentional torts include assault, battery, false imprisonment and trespass.
Mitigation of tort includes:
(i) the duty owed by tortfeasors to one another and to members of the public as a whole not to cause harm.
(ii) The duty owed by defendants to third parties who are foreseeably harmed by a tortfeasor's negligence, for example, the damages caused through defective products.
The core idea behind tort law is that people in society should be responsible for their behavior. It is based on the view that people should respect others' rights and take reasonable care to avoid harming them or allowing harm to be caused by their conduct. The law aims to enforce obligations owed through contracts (i.e., torts as a breach of contract).
The ultimate goal of tort law is protection, compensation and rehabilitation of people who have suffered losses (both pecuniary and non-pecuniary) due to the torts of others.
Tort law is based on principles of equity; the goal is to do "justice" between parties by ensuring that victims are adequately compensated while avoiding excessive punishment of those deemed responsible for their actions.
Although tort law involves a monetary payment by the defendant to a plaintiff as compensation for the plaintiff's loss, it is important to note that tort law is not identical with contract law and does not necessarily involve unfulfilled promises. Instead, it focuses on intentional or wrongful acts of one individual against another.
The concept of negligence under law of torts is an essential ingredient of any tort (civil wrong/injury). Negligence is made up of 3 elements:
(1) Breach of duty;
(2) Causing damage to another person; and
(3) Acting without reasonable care. These three elements will be explained as follows:-
Breach of Duty: A duty is a standard of reasonable care that an individual owes to others. Duties are expectations imposed by law regarding one's behavior toward another person or persons. A duty is said to be breached when the entity which is under the duty fails to perform the required action and has caused damage as a result.
One example of breach of duty is provided by Robinson v. Mandell, which involved an individual's negligence toward his neighbor, Mrs. Robinson. The defendant, Mr. Mandell, was engaged in the cattle feed business and had a contract with Mrs. Robinson to buy her horse at a specific price. Unfortunately for Mrs. Robinson, however, a dispute arose over the payment of the purchase price due to the presence of a prior lien on her property. Mr. Mandell refused to pay the full price and instead only gave Mrs. Robinson $100, which was far short of what she would have received if he had paid in accordance with the contract. As a result, Mrs. Robinson filed suit against Mr. Mandell for breach of duty.
Mr. Mandell contended that he owed no duty to Mrs. Robinson because he was not under a contract of employment with her, but the court disagreed and ruled in favor of Mrs. Robinson and against Mr. Mandell: "A man who deals with his neighbor ... is bound by duties which arise or are imposed upon him out of the nature of the transaction itself."
In other words, a person who deals with his neighbor also has to deal fairly and truthfully. Otherwise, he is exposed to legal liability for breach of duty.
Causing Damage: In addition to breaching a duty owed, an individual must also cause damage in order to be legally liable under tort law. Damage is defined as the injury, loss or harm suffered by a person. Normally, the cause of damage must be due to an act, a failure to act or a voluntary undertaking undertaken.
An example of causing damage is provided by Davis v. Dysart . In this case, Mr. Davis was taking pictures in front of his house when he noticed a neighbor's car parked in his driveway. He attempted to get the car out of the way by pushing it off the property, which damaged its wheel and tire in the process. The owner of the vehicle, Mr. Dysart, sued Mr. Davis for causing damage and both parties were asked to give testimony regarding what had occurred that day. Mr. Dysart claimed that he had tried to help a friend push Mrs. Davis's car out of the way, but Mr. Davis denied these allegations and instead testified that he alone was responsible for pushing the vehicle into his property because it was blocking access to his driveway and road for a period of two hours.
The court found in favor of Mr. Dysart and against Mr. Davis based on the conflicting testimony provided by the parties and that: "While it is possible for a person to unintentionally cause damage, it is a strong inference from all the facts in this case that [Mr. Davis] knew what he was doing and intended to cause damage."
Acting Without Reasonable Care: The final element of negligence requires that a person acts without reasonable care in the performance of his duty. In other words, he has failed to use due care and caution while performing a duty which was owed to another person or persons.
Accidents are inevitable in this world because people make mistakes on a fairly regular basis, but if someone causes damage because of their negligence, he is legally responsible for that mistake. The following example will help to clarify this concept further:
Example: Jim and Tom are very good friends who play softball at the local park on a regular basis. Yesterday, they were playing catch with each other when Tom decided to use a softball which did not bounce as well as the other one. Jim, unaware of what type of softball Tom was using, threw a pitch to him that bounced off in an unexpected direction and hit Mrs. Davis on her head. As a result, she sustained a head injury which required surgery and several weeks of recovery time. Since Mrs. Davis did not recover very quickly, she filed suit against Jim and Tom for negligence.
During the legal proceedings, both Jim and Tom claimed that they had no duty to Mrs. Davis because of what had occurred during their game of catch. They could not have foreseen that a ball would bounce in an unexpected direction and injure her while she was simply passing by on the sidewalk. In addition, they claimed that even if a duty had existed, they should be held liable only for the cost of Mrs. Davis's medical treatment and nothing more because they did not intentionally cause her any harm or damage.
The court disagreed and ruled in favor of Mrs. Davis: "We accept as true plaintiff's evidence that [Jim] was aware of [Tom's] preference for a ball which did not bounce well. That awareness was evident from their conversation prior to the throw and by Jim's reaction after he saw where the batted ball landed."
After considering the above evidence, as well as other testimony provided during the trial, the court concluded: "On this record plaintiff has met her burden of proving that the injuries sustained by her were caused by [Jim] and it was this defendant's negligence…which caused those injuries."
Negligence in law is, according to Black's Law Dictionary , "the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."
The major case that changed negligence in American legal history was the English case of Donoghue v. Stevenson , in which the court found in favor of a woman who was injured after a bottle of ginger beer was accidentally released inside her soda and sprayed carbon dioxide into her stomach while she remained at the counter, drinking it.
The court decided that since the ginger beer manufacturer owed a duty to his customer, and since he did not fulfill this duty, he was therefore negligent.
contributory negligence is when a person's negligence contributes to his injuries
Involuntary intoxication is just one example of contributory negligence and yes his judgments will be impaired and it would be hard for him to claim that he was not negligent.
However, if the person voluntarily got drunk then that could be an exception. The same can be said about smoking weed: if you get high and caused an accident then that could be clear contributory negligence. This can also apply to drugs, alcohol etc.
A secondary cause of action would also have to have occurred through the acts or omissions of a third person for comparative negligence to apply in a personal injury case.
The impact of such defense is still debatable as it is applicable to the injury cases of the other party. The logic behind this is that by arguing comparative negligence, it can reduce their burden of proving negligence on the part of a defendant.
When people are engaged in certain activities, especially commercial ones like manufacturing a product , they have a legal duty to be careful and use due care not to injure others. If they fail to do so, they are negligent .
The elements for establishing liability in negligence include:
(1) the existence of a duty owed by the defendant to the plaintiff, (
2) a breach of that duty,
(3) an injury resulting from the breach, and (
4) damages caused by that injury.
The courts have ruled in many cases that there is a "duty to use ordinary care." This means that if you're riding your bike down a hill and hit a pedestrian crossing the street, you will not be held responsible if the injured person was jaywalking. There's no rule against that but at least take a look around before you cross the street just to be safe.
The duty of care is measured and compared by courts in terms of what would have been done under similar circumstances by an ordinary reasonable
Tort assignment is the study of legal issues arising from a tortious event, or an injury to another party. It includes acts that constitute torts and the law in establishing liability for these injuries. Students are given the opportunity to choose one of 50+ topics with regard to tort assignment writing service as they complete their studies at our website. Details on the rest of the assignment are provided in a separate page for each topic. Once they submit their order, we deliver quality results that pass on all plagiarism checks and receive A grades. We ensure this by investing heavily in resources to secure competent writers who specialize in different fields of law.
Tort law is an area of law that deals with torts, which is a civil wrong. It may occur from negligence or intentional acts against another individual for which they seek compensation.
In the legal sense of tort law, there are two basic types: intentional and unintentional. Tort law covers accidents due to the negligence of another party. An example of this would be if someone hit you with their car, which resulted in a head injury and broken bones.
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