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Tort Law by Alice Ken





Tort Law by
Article Posted: 09/11/2017
Article Views: 382
Articles Written: 365
Word Count: 429
Article Votes: 0
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Tort Law


 
Education,Law,Writing
Tort is defined as a breach which is committed against another party where the injured party can sue for damages. In case of personal injuries, the injured person will try to get compensation for the presentation of personal injury lawyer. Tort law states whether the person should be held legally responsible for the damages caused and what type of compensation is entitled to. The damages are measured in the extent of the injury. On the damages of property, reimbursement of medical expenses and compensation for lost wages the damage is expressed in terms of money. In other words, these damages can be called compensatory damages. The four elements of tort law include duty, injury, and breach of duty. There must breach of duty by the defendant towards the plaintiff which results to injury. Damages or injuries suffered by the plaintiff are normally physical injuries. Harm to the person for instance infliction of mental distress and the property like interference with the contract is as a result of physical injury. The act of individual should not affect in either way the third parties. In the law of tort, the third element is an excuse for committing wrong. Strict liability, intentional tort, and negligence are examples of torts. Liability is as a result of an intentional act or negligent, that is a failure to act when a person has a duty to act. A tortfeasor is a person who commits tortious act leading to tort liability. International tort is as a result of intentional acts while unintentional tort arises from carelessness. The negligence and intentional simply fault on the part of the defendant. In most cases, this law will require the defendant to make up victim’s losses. Tort law is less concern with the criminal acts of the defendant. However, malicious prosecution is the law causing one be prosecuted for a criminal act. The plaintiff must clearly show that the defendant acted malice bringing guilty to justice. An innocent act may still give basis of the liability. Most of the fault relies on negligent conduct that is as a result of the careless and not intentional fault. There is a legal system that is set to recover negligent and intentional harm. Trespass is going through land belonging to someone else or putting something on one’s property without permission. The law values the right of property owners. Defamation is an injury to someone name. Slander is the spoken type of defamation which can be done through telephone, radio or television. While a written defamation statement is called a libel.

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