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Tort laws are a set of laws which empower the victims of a wrongdoing to seek justice by indicting the person or the organization that caused them the harm. Majority of civil suits fall within the purview of tort laws, and unlike criminal cases, these cases are not initiated by the state but are prosecuted by the people who feel victimized by certain people or actions. Tort laws specifically focus on undoing the harm by providing monetary compensation to the victims. When losses can be proved, the entire loss is financially compensated, while the accused is at times made to pay for ‘punitive damages’ in addition to the main compensation. The purpose of the latter payment is to teach the accused a moral lesson. As such, tort laws deal with restorative justice. Significantly, the tort laws are categorized as negligent torts, intentional torts, and strict liability torts.
| NEGLIGENCE TORT | BUSINESS TORT | INTENTIONAL TORT | STRICT LIABILITY TORT |
The tort of negligence is the most common sort where harm is caused to an individual by another because they were not sufficiently careful while performing an activity. Road accidents can be cited as examples of negligent torts. A negligent tort comprises of four crucial elements which are duty, breach, causation, and harm; existence of all the four elements must be proved for a negligent tort case to be successful. In a usual negligent tort case, a person is supposed to perform a certain duty which they fail to do because they are not careful enough, and as a consequence of the breach of duty, a harm is caused to one or more individuals. Mistakes in medical treatment that cause suffering to the patients are common examples of negligent torts. Once there is sufficient proof in a case, the court orders the accused to pay the victim with a monetary compensation.
Intentional torts are the ones where harm is caused to the victims through conscious and deliberate acts of the accused. There are seven types of intentional torts which are battery, assault, emotional distress, false imprisonment, conversion, trespass to chattel, and trespass to property. Battery includes cases where the victim has been physically touched with the intention of causing harm, and it includes such cases as the accused punching or throwing things at the victim. An assault is a case where the apprehension of causing a harm is created, for instance where the accused tries to hit the victim but misses the target. Battery and assault often go together.
An emotional distress tort is one where severe mental anguish is caused to person by another through such acts as the sharing of misinformation, for instance, when a living relative is wrongly notified to be dead by the hospital. False imprisonment refers to cases where people are confined against their will by other people, or when they are illegally confined by the police
In case of trespass to property, the tort laws apply if an individual enters another individual’s property without permission – causation of damage is not compulsory in this case. However, the tort law applies with regard to trespass to chattel (cars, animals, gadgets, etc.) only when sufficient damage has been caused to the same. Finally, conversion refers to the case where the accused interferes with the chattel to a great degree (by causing damage) and consequently, the accused is compelled by law to buy off the chattel from the victim who can no longer acquire the market price by selling the same.
Strict liability torts are somewhat different from negligence and intentional torts because they are not focused on the guilt of a person committing a wrongdoing, instead they are focused on the wrong act itself. If a wrong deed is committed, any damage that is caused by the deed would be the liability of the individual or the company responsible for the act. For instance, if a company produces a defective product, any damage experienced by an individual or the community from that product is the liability of the company that produced it. In case of strict liability laws, the degree of caution exercised by the accused or the intentions of the accused are not taken into consideration.
A tort, as we had mentioned earlier is different from a crime. According to law, if a person commits a crime, he will be punished by the state. But if a person commits a tort, the victim of the tort, or the injured party will be compensated by the person who has committed the tort. There are many times when the results of a crime and a tort may seem similar - but these are distinctly different. Now let us look at an example of a tort - you are walking along the street on the way to the store and you slip on a banana peel and fall down and get injured. The banana peel was thrown by a visitor to the local store which sold the bananas but did not provided with a safe way to dispose off with the peels. The store owner becomes liable to compensate you for your injury because of the incident which could have been avoided if the store owner had provided a garbage bin for his visitors to safely throw away any waste. You now become the claimant and the store owner becomes the defendant. As a defendant, you should be able to prove that the act of ommission by the defendant has caused you harm. Two other groups of torts exist, which are:
Tort laws are formulated and implemented across America and Europe with a number of aims.
The important aims of the tort laws are:
PUNISHMENT: One of the aims of tort laws is to punish the offender to ensure that they do not repeat the wrongdoings, and these punishments are generally imposed under the name of ‘punitive damages,’ whereby the accused is compelled to pay extra financial compensation in addition to the original compensation paid for the loss.
DETERRENCE: Tort laws attempt to reduce the instances of accidents that occurs due to lack of attention, and generally a heavy fine is levied on the wrongdoer to deter them from acting in similarly careless ways in the future.
COMPENSATION: The chief aim of the tort laws is to provide compensation to the parties who have suffered a damage owing to the actions of others. With insurance companies being present in the modern scenario, the tort laws make it possible for the victims to receive compensation for the harm they have suffered but at the same time, the accused individual or company is not excessively burdened in the process because in most cases the compensation is covered by the insurance companies. Notably, this shift of the burden from the accused to the insurance companies has raised questions about the efficacy of the tort laws.
LOSS SPREADING: Another notable aim of the tort laws is to do justice to the victims, and they are based of the ideology that innocents should not suffer without any fault. Thus, the laws attempt to shift the burden of the loss suffered by the victims onto the perpetrators, so that even if the damage cannot be mitigated entirely, the burden of the loss can at least be spread among the two parties.
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