Tort

A tort is a wrongful action that injures or hinders an individual or their property. A tort case is a municipal court proceeding. A tort can be intentional or unintentional (negligence), or it can be a tort of firm liability. If somebody commits a tort, the individual hurt can litigate and get a judgment for damages. A crime is a wrongful proceed that the state or government has recognized as a crime. A lawless individual case is a lawless individual proceeding. The person (the defendant)…

Feb. 11), “The tort reform campaign has gained much wider acceptance, however, in the jury box. Many jurors now treat as self-evident the notion that the nation is plagued with “frivolous” lawsuits and outrageous jury verdicts. The rich and greedy plaintiff's lawyer has become a part of American folklore” (Finzen, 2003 Feb. 11). In this paper I am going to be talking about the relevant law of this case, the applicable facts of this case, and whether this case suggests the need for tort reform.…

however, generally it can be said to be desirable to deal with the victim/patient’s needs, encourage future safety and pass judgement on any wrong committed. Various normative ethical frameworks were conceptualized to achieve this end. The current tort-based system as it stands fails to adequately compensate all victims of medical injury. And is based primarily upon ideals evinced in punitive and corrective justice. Punitive ethical frameworks focus upon punishing the faulty practitioner rather…

A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury. The first element is known as the “duty of care.” A duty of care arises when the law…

Lau and Johnson (2014a) explain that “a tort is any legally recognizable injury arising from the conduct or non-conduct . . . of persons or corporations” (para.3). Regardless of intent, the tort system attempts to make the injured party whole when individuals breach this duty of reasonable care; and employers can be held accountable for their employees’ torts by way of the respondeat superior doctrine. Respondeat superior, a type of vicarious liability…

When discussing Negligence, it is imperative that we first explorer the law of Tort. This is a wrongful act whether it was intentional or accidental, leading to one being injured (cited from Law.com). To demonstrate that the defendant has committed an act or omission it may be necessary to prove that both a standard duty of care and damage has resulted in negligent behaviour. A person in a professional occupation such as a chartered surveyor has a higher duty of care because their field of work…

What is tort Tort in law means a wrong or injury which has certain characters, from the most important of which is that it is redressable in an action for damages at instance of the person wronged or injured Torts are civil wrong resulting in personal injury or harm that constitutes grounds for a law suit.Thus, tort law addresses conflicts between conflicts between private individuals or entities According to Prof.Winfeild ,Tortuous liability arises from breach of a duty primarily fixed by law;…

Damnum sine injuria and Injuria sine damnum are two maxims in the law of tort relating to the concept of legal damage. These two maxims define what and what not a legal damage is. The maxims are, thus, central to our understanding of what constitutes a legal damage. As we know, only in case of a legal damage, there is a legal remedy to repair the said damage primarily by way of compensation, which is called damages. Such damages are awarded by a court of competent jurisdiction to the victim and…

difference in the types of legal cases such as criminal and civil, I was not aware of Tort law. According to Lau & Johnson (2011). “A tort can be broadly defined as a civil wrong, other than breach of contract” Simply stated, a Tort is some type of civil wrong that causes harm or loss. These law suits are brought for reasons such as personal injury, consumer protection or defamation. It is argued by many that current tort laws are unfair and that very high, even unfair, amounts of…

Tort reform is limiting the amount of punitive damages that can be recovered in a tort case making it harder for the plaintiff to have a case. Those against tort reform want no limit on the amount that can be recovered. I am against tort reform and believe there should be no limit on the damages that can be recovered. One of the goals of tort reform is to limit the amount of lawsuits that qualify to save the courts money. Some people in society believe the courts should hear more important…