What is a Tort?
Common law jurisdiction defines a tort as a civil wrong that causes an individual to suffer injury or loss. The tortious act can result in legal liability. It could include intentional infliction of emotional distress, negligence and financial losses.
Tort law is one pillar of the law. Other pillars include contracts, real property and criminal law, as well as smaller subsections of the law. Tort law, however, deals with people’s injuries.
Tort law is a system that provides reimbursement for those who are hurt by the negligence or recklessness of others. Torts can be either intentional, negligent, and strict liability. Tort is a term that means “wrong” and was originally created from the writs for trespass and trespass. Each act involved an actor (or tortfeasor) directly inflicting injury on a victim. However, the writ system had a few drawbacks.
What are the Different Types Of Torts?
Intentional torts are any intentional interference with legally recognized interests, such as bodily integrity, emotional calm, dominion of property, seclusion from the public scrutiny and freedom from confinement, deception, or dominion. Intentional torts such as assault, battery false imprisonment, invasion of privacy and conversion, misrepresentation fraud, and battery false imprisonment violate these interests. These torts satisfy the intent element. The tortfeasor acts with the intention to cause harm and it is reasonably certain that these consequences will occur. Intentional torts are not made up of mere recklessness, sometimes called willful or wanton behavior.
Most injuries caused by tortious behavior are not the result of intentional wrongdoing, but negligence. Tort law uses the term negligence to describe behavior that poses unreasonable risks to property and persons. Negligence is when a person’s behavior is not consistent with what is reasonable and prudent in the particular circumstances. The law generally requires jurors to use their life experience and common sense to determine the appropriate level of care and vigilance people should exercise to ensure others’ safety.
Tort law can impose liability on defendants in certain cases if they are not negligent or guilty of intentional wrongdoing. This branch of torts is known as strict liability, or liability without fault. It regulates activities that are necessary and useful but pose an abnormally high risk to society. This includes blasting, transportation of hazardous materials, storage of dangerous substances, and keeping wild animals in captivity. Strict liability is also available to consumers who are injured by defectively made products. The doctrine of strict product liability requires that a manufacturer guarantees that the goods it sells are fit for the intended purpose before they are made available for public consumption. Manufacturers are strictly liable under the tort law for injuries resulting from the introduction of unreasonably hazardous products into commerce. This applies regardless of the level of care taken in preparing the product for sale or distribution, and it doesn’t matter if the consumer bought the product from the manufacturer, or entered into a contractual relation with him.