Tort

tort

Tort law encompasses three general categories: negligence, strict liability and intentional torts. The negligence component is based on failure to comply with the duty of care as a reasonable person. Strict liability dictates that a person is legally responsible for the damage caused by his or her acts. Intentional torts include a party is aware that a certain act will cause damage to another person.

Elements

Depending on the category of torts, there are different elements of each. Intentional torts includes elements in a pattern:  intent, act, result, and causation. The party intends to commit an act voluntarily that he or she knows will cause damage to another party and indeed does cause such damage. Causes of action may include battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, and defamation.

There are certain elements for the tort of negligence. Some elements include duty of reasonable care, such as duty to rescue, duty owed to an invitee, duty owed to a trespasser and so on. Breach of these duties of reasonable care is established by failing to exercise reasonable care to a party.

In the case of strict liability, there may be no evidence of negligence on a party however, the accusation is based on the act itself.

While each category of tort law has its own set of elements involved, there are some elements that are shared. One such element is causation. While causation is usually a larger piece in a negligence tort than an intentional tort, it is part of any tort.

Jurisdiction

Tort matters usually involve disputes between private parties and are brought forward by private citizens. Tort law has touched on many aspects of life in the US - from economic affairs to workplace infliction of emotional distress to environment regulations. Surprisingly, tort law falls to state government. There is no federal tort law. Instead, states create tort laws through common ( through judges) and statutory (legislatures) law. There is however a Federal Tort Claims Act. This act allows private citizens to file federal tort claims and denies the federal government from being immune from tort claims from citizens.

Defamation

Defamation

Defamation is the act of tarnishing another person’s reputation. There are two kinds of defamation: slander and libel. These differ in the way the defamation is delivered. Slander is spoken – the defamation is vocalized. Libel on the other hand is defamation by printing or broadcasting. Both slander and libel have the same features in that they both make factual assertions which...

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Intentional

Intentional

An intentional tort is one type of tort and it is a result of an intentional act committed by the defendant. Some common intentional torts include false imprisonment, battery, trespass to land, battery, trespass to chattels, intentional infliction of emotional distress and assault. Some intentional torts may arise from the use or occupation of land. Depending on which tort is alleged, the intent...

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Negligence

Negligence

Negligence is a tort that that plainly results from the failure of an individual to take sufficient care to fulfill a duty owed. In Latin, negligence means to neglect and in tort law this means to fail to exercise care that a prudent person would exercise in similar circumstances. This kind of tort is unintentional and typically occurs when a person does not provide for the proper care of...

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Nuisance

Nuisance

The term nuisance is often described as activities that are harmful and/or annoying to other people. Nuisances may include a pile of garbage on your front lawn or even indecent conduct in public. A nuisance can either affect the general public (and is appropriately called a public nuisance) or private individuals (termed private nuisance). An individual has a right to use and enjoy their land...

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Strict Liability

Strict Liability

In the law of torts, strict liability torts involve circumstances where a person is liable for another person’s injuries regardless of what precautions were taken. In strict liability torts, liability is imposed on a defendant that is neither negligent nor guilty of any intentional wrongdoing. Strict liability is also known as liability without fault. This kind of tort seeks regulation of...

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