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Torts in Law at HelpWithAssignment.com

A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. This is in exception to contractual duty. A tort is similar to crime but crimes involve breach of duties toward the society in general. The aggrieved party who has been injured due to a tort may bring a lawsuit.

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Torts in Law at HelpWithAssignment.com

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  1. Torts in Law at HelpWithAssignment.com www.HelpWithAssignment.com

  2. What is a Tort • A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. • This is in exception to contractual duty. • A tort is similar to crime but crimes involve breach of duties toward the society in general. The aggrieved party who has been injured due to a tort may bring a lawsuit. • www.HelpWithAssignment.com

  3. Who Commits a Tort • One who commits a tort is called tortfeasor. • A person who suffers a tortuous act is entitled to receive damages, usually monetary compensation, from the person or people responsible or liable for those injuries. • www.HelpWithAssignment.com

  4. What makes up a Tort • Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused. • Legal injuries are not limited to physical injuries. • They may also include emotional, economic, or reputational injuries as well as violations of privacy, liability for defective consumer products, copyright infringement and environmental pollution among many others. • www.HelpWithAssignment.com

  5. What makes up a Tort • In the law world, the most prominent tort liability is negligence. • If the injured party can prove that the person believed to have caused the injury acted negligently, that is without taking a reasonable care to avoid injuring others- tort law will allow compensation. • www.HelpWithAssignment.com

  6. Types of Torts • Torts are categorized into • negligence torts, • intentional torts and • standard torts. • www.HelpWithAssignment.com

  7. Negligence torts • The standard action in tort is negligence. • The tort of negligence provides a cause of action leading to damages, to belief, in each case designed to protect legal rights, including those of personal safety, property and in some cases, intangible economic interests. • www.HelpWithAssignment.com

  8. Intentional torts • These include those torts arising from the occupation or use of land. • The torts of nuisance, trespass, etc come under this category. • www.HelpWithAssignment.com

  9. Intentional torts • Intentional torts also include false imprisonment, the tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation. • www.HelpWithAssignment.com

  10. Statutory torts • Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts. • Examples include consumer protection laws, labor laws governing safety and health of workers, etc. • www.HelpWithAssignment.com

  11. The circumstances of Tort • The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort. • The plaintiff owns a duty of care. • A duty of care is a relationship which exists between a plaintiff and the defendant. • There must be a breach of that duty and the plaintiff suffered damages as a result of that breach. • www.HelpWithAssignment.com

  12. The circumstances of Tort • The defendant has to take proper care not to damage or cause injury to the property, emotion, reputation and to the person himself. • And lastly, the damage must be significant and not remote. • www.HelpWithAssignment.com

  13. Nuisance • Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others. • To describe the harm caused by the before mentioned activity or condition and to describe a legal liability that arises from the combination of the two. • www.HelpWithAssignment.com

  14. Defamation • Defamation is tarnishing the reputation of someone. • They are of two types. One is slander and the other is libel. • Slander is spoken defamation and libel is printed or broadcast defamation. • www.HelpWithAssignment.com

  15. Liabilities, defenses and remedies • Vicarious liability: One person is liable for the wrongful act of another on the basis of the legal relationship between them. • Strict liability: when a party is liable for a tort even where there is no intention to commit wrong and no negligence. These torts are no longer available. • Negligent liability: The defendant’s conduct does not confirm with the standard of conduct that the law says reasonable. • www.HelpWithAssignment.com

  16. www.HelpWithAssignment.com • For more details you can visit our websites at http://www.helpwithassignment.com/law-assignment-help and http://www.helpwiththesis.com Thank You • www.HelpWithAssignment.com

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