what is tort

what is tort

1 year ago 102
Nature

A tort is a civil wrong that causes harm to another person by violating a protected right. It is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation.

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts. The specific rights protected give rise to the unique “elements” of each tort.

Courts impose liability for torts to compensate an injured party for an act or an omission that causes harm. One who commits a tort is a tortfeasor; the tortfeasor is “liable,” rather than guilty. Tort liability is meant to monetarily reimburse the tort victim for the harm caused by the tortfeasor. Other remedies are also possible, including restitution or injunctions. A tort may arise from intentional acts, from negligent acts (frequently an omission of action when there was a duty to act), or from the violation of a statute. Under most tort laws, the injury suffered by the plaintiff does not have to be physical. Torts may include causing emotional distress or a violation of personal rights (e.g., the “right to privacy”).

The four elements to every successful tort case are duty, breach of duty, causation, and injury. For a tort claim to be well-founded, there must have been a breach of duty made by the defendant against the plaintiff, which resulted in an injury. Examples of torts include intentional torts, negligence, and strict liability. An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. Negligence is when an individual or entity fails to act appropriately or acts negligently. Strict liability is when an individual or entity is held liable for damages regardless of fault.

Read Entire Article