Tort Essays

  • Advantages Of Tort And Quasi Tort

    1178 Words  | 5 Pages

    Question A) Tort and quasi tort is found in chapter 16 of the civil code of Malta deals with damages. The various articles relating to damages include: - 1029 – if something were to occur due to an event beyond anyone’s control, the damage will have to be borne by the aggrieved party - 1031 - if damage is done through own fault, that person is liable to damage. - 1032 - parties shall be at fault if that person does not act in a diligent, prudent and attentive manner. If this is not the case, the

  • The Tort Law: The Definition Of Tort Law

    1409 Words  | 6 Pages

    Tort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs that form the basis of civil lawsuits. To explore this concept, consider the following tort law definition. The legal term tort refers to an action in which

  • Examples Of Tort

    956 Words  | 4 Pages

    Torts are defined as wrongdoings committed by one party against another party. When a tort is committed, the injured party may sue the other party that engaged in the wrongdoing. Tort law is set to decide whether a party should be held legally responsible for the injury caused to another party, and also what type of compensation the injured party should acquire if it needs so. An example of a tort is when a customer trips on loose cables in an electronics store. The customer becomes the injured party;

  • Disadvantages Of Tort

    972 Words  | 4 Pages

    Assignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury

  • Liability In Tort

    1024 Words  | 5 Pages

    In tort, the term ‘negligence’ has several meanings. It can refer to careless behaviour, negligent conduct or legal concept of fault. To succeed a claim in tort, one has to prove that there was intentional and direct interference with a person or property. Claimants could therefore claim a case for liability of carelessness. The courts allowed such claims rarely, and usually required an extra element such as fraud. Hence, there was no general duty of care. This changed after the landmark case of

  • Tort In The Workplace

    1207 Words  | 5 Pages

    “A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others

  • The Pros And Cons Of Tort

    2757 Words  | 12 Pages

    WHAT IS TORT ( NATURE & DEFINATIONS ) Shall I write above Law of Tort or Law of Torts. But we will take up the difference a bit later and first get to know what a tort is ? Tort which is equivalent to the English term ‘wrong’ finds its root in the Latin term ‘tortum’ which means ‘to twist’. Thus “tort means “a conduct which is not straight or lawful, but, on the other hand, twisted ,crooked or unlawful . Tort is violation of a legal right vested in any particular individual (defamation)

  • Differences Between Intentional Torts And Unintentional Tort

    971 Words  | 4 Pages

    Explain the differences between intentional torts and unintentional torts. Intentional tort is an act of civil wrong as a results from a person committing an offence which results in causing physical injury or harm to the victim. One of the main elements of intentional torts is the intent of the wrongdoer. With clear intent to commit the offence, the wrongdoer can be charged under the intentional tort. Intentional tort contains element of intent other torts do not have. A person who is affected by

  • Trespass Tort

    2682 Words  | 11 Pages

    Trespass to the person is the direct or the threat of infliction of harm upon the claimant. There are three torts classified under the tort of trespass to person, namely, battery, assault and false imprisonment. These intentional torts are actionable per se, so that they can be used to protect one's civil rights and dignity, even if no physical injury has occurred. What actually amounts to an intention? A person is deemed to have an intention if he desires to produce the consequences of his act

  • Intentional Tort Case Study

    740 Words  | 3 Pages

    Intentional Tort Torts actionable upon evidence of an intent to cause harm to another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. Four Categories of Intentional Tort Invasion of Privacy - Intrusion of Solitude Intrusion of solitude,

  • Negligence In Tort Law

    1016 Words  | 5 Pages

    MEDICAL NEGLIGENCE Introduction What is negligence? Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm . According to Jay M. Feinman of the Rutgers University School of Law; The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeable cause

  • Law Of Tort Analysis

    1148 Words  | 5 Pages

    LAW OF TORTS LIABILITY UNDER TORTS NATURE AND DEFINITION OF TORT Origin of the word tort is from latin term ‘tortum’ that means ‘twisted conduct’. Tort, in common law jurisdictions, is defined as a civil wrong that causes someone else to suffer loss or injury resulting in legal liability for the person who commits the tortious act, called the tortfeasor. It may or may not always be a crime or a breach of contract. As in crime there is a wrongful act recognized by criminal law and is generally

  • Torts Case Study

    2374 Words  | 10 Pages

    Trespass has been said to be one of the most ancient form of torts. It developed even before the presence of the police force, to provide protection against the physical interference to person, land or property. The statement has made specific reference to the tort of trespass to person, in regards to the extent of intention needed to determine that a trespass to person has occurred. As such this essay will examine the tort of trespass, with reference to both UK and Malaysian cases in order to make

  • Tort And Contract Law

    845 Words  | 4 Pages

    Torts are considered unfair acts that result in loss, causing damage or injury to anyone else in the form of “body, property, or legal rights”. The reason behind this is the violation of duty that was owed as decreed by law. Tort laws are considered civil wrong and the individual who is wronged can sue in the civil court either as compensation or some form of equitable remedy to have prevented repetitive actions. When parties are bound by contracts, contractual liability also exists. Companies and

  • Tort Problem Statement

    1008 Words  | 5 Pages

    The word ‘tort’ in law means a legal wrong or injury that has several elements, of which the most important element is that it is redressible in nature for the benefit of the person wronged or injured. The wrong or injury can consist of several civil wrongs like negligence, assault, battery, defamation etc. Therefore, tort is a breach of some duty, independent of contract, giving rise to a civil cause of action and for which compensation is recoverable . In tort law, the aggrieved party is provided

  • The Benefits Of Tort Law

    1422 Words  | 6 Pages

    The link between an actor’s behavior and the subsequent harm to another human being is a vital component of various types of legal doctrines. Tort law has been exclusively used for the distributive justice and deterrent of certain behaviors. In the case of torts, plaintiff needs to show a casual connection between his/her injury in correspondence to the defendant’s action in order to clarify the person from whom the remedies should come. However, it’s conceptually and factually very tiring to pinpoint

  • Tort Right To Privacy

    1811 Words  | 8 Pages

    Tort Law and the right to Privacy In order for a claim to be tortuous in liability in negligence to be actionable, primarily, certain fundamental pre-requisites need to be established in each respectively. The requirements of the modern tort negligence were stated by Lord Wright in, Lochgelly and Coal Co ltd Vs McMullan, as being, the existence of a duty of care owned by the defendant to the claimant, a breach of duty, and damage or injury caused by that breach of duty (2013). A tort is a wrong

  • Remoteness In Tort Law

    1866 Words  | 8 Pages

    BBALLB - B REMOTENESS OF DAMAGES IN TORT Remoteness of damages in tort law is often related to the tort of negligence. It also forms a critical part one of the most critical parts which has been claimed in breach of contract. The remoteness of damages in tort of negligence is where some of the most important developments have taken place. We now have to find out what makes this different from other torts Before one of the landmark cases the traditional method of judging

  • Examples Of Tort Law

    954 Words  | 4 Pages

    A tort can be defined as a civil wrong. Examples of torts are trespass, nuisance, negligence and defamation. One of the main examples of tort law is negligence. Negligence is to breach a duty of care or to fall below a standard of behaviour. This standard of behaviour can also be said as falling below the standard of care of the ‘reasonable careful man’. The reasonable man is a ‘person’ that sets a standard of how a typical person should act in different circumstances. Reasonableness is a big factor

  • Compensation In Tort Law

    2387 Words  | 10 Pages

    Compensation serves as the primary course to restitution in tort law in India and world in general. Torts traces itself to the jurisdiction of Britain and developed as a concept to look for the wrongs inflicted by one towards another. Wrongs of such nature that they were neither grave enough to be construed as the ones which are within the ambit of crime nor so trivial as to be overlooked. Now to provide relief from such wrongs was torts developed and the way for providing relief was primarily the