A Brief
Overview of Tort Law
Introduction
A
tort is a civil breach committed against another in which the injured party can
sue for damages. In personal injury cases, the injured party will attempt to
receive compensation with the represantation of a personal injury lawyer in order to recover from
damages incurred. 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 four elements to tort law: duty, breach
of duty, causation, and injury. In order to claim damages, there must be a
breach in the duty of the defendant towards the plaintiff, which results in an
injury. The three main types of torts are negligence, strict liability (product liability), and
intentional torts.
Intentional Interference with a Person
All
tortious charges of intentional interference with person/property involve
intent, which provides for a civil wrong, knowingly committed by the offender.
This contrasts with torts of negligence, which results from lack of
concern or responsibility on behalf of the offender.These damages are dealt
with through civil litigation.
Defenses to Intentional Interference with Persons
When
a plaintiff accuses a defendant of an intentional tort, it is the defendant's
responsibility to identify any justifications for his actions that may excuse
him from liability. In tort law, there are several privileges that a defendant
may apprehend, in order to avoid liability. It is up to the courts to determine
whether the defendant's privilege excuses him from liability. They need to
conclude on whether the defendant had consent, permission by the plaintiff, or
whether the plaintiff was defending himself, his property, or another person.
If the defendant is able to establish privilege, then it is said that he has
not committed a tortious act and will not be held liable.
Negligence: Standard of Conduct
There
are certain elements that are required to prove that a defendant acted
negligently. There is a specific code of conduct which all people are expected
to follow and there is a duty of the public to act in a certain way, which
reduces the risk of harm to others. Negligence can only be claimed by an
injured plaintiff, whose interests have actually been interfered with. This
portrays that a plaintiff must prove his injuries, and prove that they were
caused by the defendant. This proximate cause is the link between the
defendant's actions and the plaintiff's injuries. There is a statute of
limitations in negligence cases, however, there are several rules, such as
discovery and continuing negligence, which may excuse a plaintiff from the statute
of limitations.
Negligence Proof
The
necessity for a negligence case to be tried in a court of law is essential and
evident. Tort law, like any other law, is tough to decide upon when an
enforcement or violation issue arises, and is furthermore tedious. In
negligence cases, a court appoints a jury to make a decision upon a case based
on the direct or circumstantial evidence that is available to them. The burden
of proof a plaintiff faces in a case, relates to four elements of proof that
must exist in order for them to be able to prove that a negligent act not only
existed, but the fact that the act by a defendant, led to the injury sustained
by the plaintiff.
Proximate Cause
The
name given to the direct cause of an accident, or incident leading to injury,
is referred to as 'proximate'. The term proximate has long been known to mean
near, or in the vicinity of, not actual. This gives a misconception to the
name, as if the cause was nearly opposed to the actual one. Other issues arise
deeper within proximate cause, and that is with the scope of liability and its
extent. Controversy exists as to where liability should be extended to a
defendant, based on their responsibility or duty.
Joint Tortfeasors
Joint
tortfeasors, seen as equally liable for the committing of a tort, usually can
be combined under one indictment. This is known as a "joinder of
defendants". In a case similar to this, one significant reasoning behind
its institution besides the commonality that the defendants share in their joint
action, is that of "judicial economy." In reference to this term, the
court is making the decision that placing all defendants under one sole
indictment will be the most appropriate option in terms of efficiency and,
ultimately, cost-effectiveness for the judicial system itself. Due to the
mounting quantities of cases arising daily, this practice is employed as a
worthwhile alternative, especially when an occasion such as that of joint
tortfeasors comes about.
Limited Duty
In
legal terms, duty is seen as an individuals obligation to act in a manner
conducive to the well being of everyone around them, such as the prevention of
any "foreseeable injury to a victim." Such a term that best
represents this obligation is that of a "duty of care", or even
"good Samaritan" to an extent. Duty, itself, serves two other
important functions for societal concerns attached to tort law. These include a
"general principle" and a "limitation." A general principle
provides a precedence for future cases, while limitation sets forth the
"boundaries" for which liability may exist for individuals involved
in an incident. Actual application of this term comes in the form of its
existence at the "abstract level" and "in fact or problem".
Owners & Occupiers
The
concerns for areas outside of the premises of a given property deal with the
condition of such a property. This is in direct regards to certain factors and
attributes such as structural or fixtures on the property that could have an
effect on the immediate areas surrounding it. The term trespassing adults
refers to any person who has been found to be entering, occupying, or traveling
through a property that is owned by someone else, without their permission or
consent. Licensees are persons that are given a license, as a form of permission,
to enter a property lawfully. Such persons are to enter the property for a
reason that does not have to be in the best interest or benefit of the owner.
By being granted the license to enter and occupy such property, this individual
is exempt from trespassing status, and is completely abiding by the law.
Negligence- Defenses
Contributory
negligence is one of the most commonly used negligence defenses. The defendant
attempts to deny the plaintiff the right to action, by claiming that the
plaintiff's own negligence played a large role in his injuries. In contributory
negligence, both parties are guilty of negligence, but the plaintiff is not
awarded any damages. The last clear chance rule is an exception to the
contributory negligence defense which permits the plaintiff more freedom in
taking action against a defendant when the plaintiff is also guilty of
negligence. The last clear chance refers to an instance where the defendant had
the last clear chance to avoid injuring the plaintiff, but did not take the
opportunity. In cases where both the plaintiff and the defendant are both
guilty of some degree of negligence, contributory negligence places liability
solely on the plaintiff.
Imputed Negligence
Vicarious
liability represents a venue in which individuals may be
"vicariously" held accountable for the actions of individuals other
than themselves. In these cases, the ones held liable are those who have some
type of legal claim to the actual individuals at fault. Two such persons may be
parents to mischievous children or employers to careless employees, as well as
a guardian. In each circumstance, the liable individuals are taking the place
of others. A joint enterprise is described as an action, which involves two or
more individuals, usually with monetary considerations involved. Additional
elements which comprise it include a common goal as well as concurrent rights
to take the lead of the operation.
Strict Liability
The
basic structure that encompasses that of strict liability is the fact that
liability is maintained despite any intent otherwise. In this way, it matters
only that the action was performed to its fruition and an eventual injury of
another. Certain areas in which safety laws have had to come to the forefront
concerning liability include incidents involving product defects. In cases such
as these, consumers must only prove that their injuries stemmed directly from
the product in question in order to garner an appropriate judgment from the
court. The purpose behind such a seemingly rigid form of legislature is to
prevent future occurrences from happening by providing precedence to fall in
line with.
Compensation Systems
In
tort cases, victims often receive compensation, including monetary judgments.
However, some judgments include other factors such as: the accused, publicly
admitting guilt. In most jurisdictions, the courts have placed limits, or
judgment ranges, which depend on specific factors found in the case. In most
cases, victims that sustain injuries receive a judgment which maxes out, regardless
of how painful and permanent the injury may be. However, the courts can award
other judgments, in addition to the one made for specific bodily injury.
Nuisance
In
modern tort law there are different types of nuisances: public, private, and
absolute. A private nuisance effects one individuals enjoyment of his land,
while a public nuisance effects a larger amount of citizens, or the public in
general. Absolute nuisances are nuisances for which the defendant is strictly
liable. The simple form of nuisance is described as an act which takes away
from rights to the use, and enjoyment of land that every owner has.
Products Liability
Products
Liability is a field of tort law which concerns the responsibility of the
manufacturer or vendor of a product to ensure that products are safe and do not
cause injury. Products subjected to liability include all consumer goods,
medical devices, commercial/personal vehicles, aircraft and consumable goods
such as food and prescription drugs. As it is the duty of a product vendor or
manufacturer to produce/supply a product which will not cause harm during
normal use, manufacturer/vendors of unsafe products are subject to recovery for
damages.
Misrepresentation & Nondisclosure
Misrepresentation
and nondisclosure form two fundamental bases for many actions represented under
tort law. Any case where false or hidden information plays a significant part,
essentially implies a standard of care that reflects the negligence addressed
by tort.
To
phrase it more simply, the fact that information has been withheld or
misrepresented directly implies a negligent situation. This means that among
the various subsections of tort law, cases of misrepresentation and
nondisclosure can prove to be the easiest to form a legal consensus of opinion
on whether negligence has happened, due to the very idea that the act itself is
a negligent action.
Misrepresentation
and nondisclosure can take many forms, but generally they refer to an act or
service. they are usually rendered for compensation that do not fulfill their
terms of promise, either because they misrepresent their ability to perform, or
fail to disclose elements that prevent adequate performance (like a unknown
side effect for a product, or a conflict of interest in a case of service).
There
are many remedies one may seek when a case of misrepresentation can be seen to
have occurred, though the extent to which they fall under tort law or other
forms of legal action are highly dependent on the specific legal system, as
well as the nature of the misrepresentation. In nearly all cases, there
is an obligation on the provider of a product or service to provide information
either by law, or by request, so as to adhere to all legal standards of
accurate representation.
Defamation
The
term defamation refers to an abusive attack on a person's character or to make
false claims against someone in order to damage their good name. There are two
forms of defamation that can be used: libel and slander. An unreasonable person
may abuse the right of privilege in order to commit defamation against another
person. The right of privilege (or "qualified privilege") being
that a person has a right to make statements during the trial process. This
privilege often protects against an unreasonable person who wishes to make
defamation statements.
Misuse of Legal Procedure
Misuse
of Legal Procedure is a series of torts that involve the corrupt or undue
filing of litigation for unlawful reasons. Public right of access to courts is
granted on good faith that claimants will act with probable cause and honesty.
Conversely, when a plaintiff in a lawsuit is found to have initiated legal
action for purposes of deliberate harassment or inconvenience of the defendant,
or when the court terminates the suit in favor of the defense, the defense may
seek damage compensation for losses incurred in the legal process. These losses
may be qualified under charges of Malicious Prosecution, Wrongful Civil
Proceedings or Abuse of Process.
Domestic Relations
Domestic
Relations is an evolving area of Tort Law which deals with a family's inner
workings. The evolution of Domestic Relations Tort has not only shaped the way
that family's may collect for damages or interference to the family unit itself
resulting from tortious conduct; it has shaped the way husbands, wives,
children and legal guardians are viewed as legal entities. Originally, under
common law, children and wives were treated as chattels and functioned under a
man's proprietary rights. In the 1900's, several advances in Family Law
provided for the legal rights of women and children to act as distinct legal
entities from their husbands/fathers.
Survival & Wrongful Death
Survival
and Wrongful Death are
tort claims made after the death of an individual in an at-fault situation.
This means that the deceased must be victim of a tort, before death or at the
time of death. Survival actions are raised by the executives of the victim's
estate, and are continuations of tort actions that the victim would have been
entitled to raise in life. Wrongful death claims are made by surviving
dependent's for the loss of the decedent's contributions to their lives.
Economic Relations
Torts
of Economic Relations are allegations of direct interference with business
relationships, agreements, or prospects, which result in quantifiable losses.
When suing for Torts of Economic Relations, it is important that the plaintiff
be able to prove that the defendant acted intentionally with knowledge of his
or her own actions, and that the subsequent actions were injurious to the
claimant in the form of economic losses. Torts of Economic Relations normally
fall under classifications of Interference with Contractual Relations,
Interference with Prospective Advantage or claims of Injurious Falsehood.
Immunities
In
tort cases, there are certain intervening factors which allow individuals
immunity, from their actions. Immunity implies either, that the person could
not understand the risks associated with their actions or that they can not be
held liable because they were acting on behalf of the government or other
entity. Cases in which individuals are not likely to understand the possible
outcomes of their actions, include infant immunity or insanity immunity.
Infant
immunity applies to minors that are too young to grasp the consequences of
their actions. In addition, the minor must not have no intent to cause harm to
person or property. It can not be claimed that the minor did not understand the
consequences of their actions, if they intended the negative consequences that
resulted from their actions. Intent can not be present without an understanding
of possible outcomes. In cases that involve infant immunity, the parents or
guardians of the minor, could be held liable for their actions, regardless of
the minors understanding of the possible outcomes of those actions.
Insanity
immunity can be utilized as a defense in cases where a person is deemed insane,
or mentally incapable of understanding the possible outcomes of an action. In
cases where insanity immunity is a factor, the caregiver of the person that
acted in manner which caused a negative outcome, could be held liable in the
same manner that a parent or guardian could be liable for a minor. In either case,
the actor and those responsible for the care of the actor, could both be held
liable for the action.
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