Monday, May 17, 2010

Tort Law Basics

What is a Tort?-
A tort is a civil wrong (other than a breach of contract) that causes injury or other damage for which our legal system deems it just to provide a remedy. The primary focus of Tort Law is to repair a private wrong.

Purposes for Tort Law-

Peace: In order to provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands.”

Deterrence: To deter wrongful conduct.

Restoration: To restore injured parties to their original state by compensating them for their injury.

Justice: To identify those who should be held accountable for the harm that resulted.

Categories of Torts-
There are three main categories of torts:
1. Negligence
2. Intentional Torts
3. Strict Liability Torts

1. Negligence is harm caused by the failure to use reasonable care.
2. An intentional tort is a tort in which a person either desired to bring about the result or knew with substantial certainty that the result would follow from what the person did or failed to do.
Types of intentional torts include: battery, assault, trespass, and false imprisonment.
3. Strict liability is having responsibility regardless of blameworthiness or fault.

No comments:

Post a Comment