Preview

Volunti Non Fit Injuria

Powerful Essays
Open Document
Open Document
5565 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Volunti Non Fit Injuria
Introduction

A Tort is the French word for a "wrong." A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs.

The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts).

A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another 's injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts.

In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct.

In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as



Bibliography: • [1959] 3 All ER 225 (Court of Appeal • (1933) 1 KB 205 • II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411

You May Also Find These Documents Helpful

  • Powerful Essays

    Have you ever followed a court case and been astonished at the outcome and the damages awarded in the case? I believe we have all heard about cases where the plaintiff is awarded a very large sum of money for a case that appears not to warrant the award. Most of these scenarios take place in cases where the tort law applies. According to authors Kubasek, Brennan and Browne (2009), tort law is defined as injury that to a person or their property. Tort law is primarily a state law and stipulations can vary. Tort law was put in place to encourage civility, discourage people and companies from private retaliation and to compensate innocent people who are injured due to the wrongful act of a person or company. According to The Legal Environment of Business A Critical Thinking Approach, there are different types of damages awarded in relation to tort cases. These damages are nominal, which is usually awarded when the plaintiff has not suffered serious damage, compensatory, which include general and special damages, and punitive damages. Punitive damages are usually intended to punish defendants and often go beyond simply compensating the plaintiff. (Kubasek et al.,2009)…

    • 3046 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    TORT - A Tort is a civil wrong that is outside of Contract Law and arises out of a recognition that a person is responsible for their acts and omissions when dealing with others. The term "Tort" refers to a number of different laws such as nuisance, trespass and assault. Torts action generally compensates the individual for personal loss where the loss was caused by another person. It is based on Common Law.…

    • 9301 Words
    • 38 Pages
    Good Essays
  • Better Essays

    GBL 295 EXAM 2

    • 1533 Words
    • 4 Pages

    Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action…

    • 1533 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Law 421 week 2 work

    • 1527 Words
    • 5 Pages

    Intentional torts can be described as deliberate acts to harm someone. Negligence can be described to deliberately choose not to act in order to fix a problem which ultimately results in someone being harmed. There are several elements that need to be present in order for a claim to be considered negligence (Melvin, 2011). According to our text these elements need to be present in order to be considered negligence:…

    • 1527 Words
    • 5 Pages
    Satisfactory Essays
  • Powerful Essays

    Hammurabi Research Paper

    • 3478 Words
    • 14 Pages

    strict liability)”. When a tort is committed, the harmed party sues to receive compensation for his…

    • 3478 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.…

    • 1189 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    LA 245 Study Guide

    • 6344 Words
    • 24 Pages

    Intentional torts: harm caused by deliberate action. Ex: newspaper columnist who wrongly accuses someone of being a drunk has committed intentional torts…

    • 6344 Words
    • 24 Pages
    Powerful Essays
  • Satisfactory Essays

    Personal injury law is a very vast area and encompasses all the types of physical as well as psychological injuries that arise due to the negligence of someone else. It encompasses…

    • 487 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…

    • 193 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Elements Of Negligence

    • 94 Words
    • 1 Page

    Negligence law states that a person or an organization is generally liable when they negligently injure others.…

    • 94 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The main purpose of personal injury law definition is to compensate the injured person. Most personal injuries cases fall under the category of a tort. In Latin, the term tort means wrong or harm. However, it is important to point out that these cases differ from criminal ones because in personal injury cases we are talking about someone’s results out of negligence actions.…

    • 573 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    tort law deals with conduct that leads to injuries not considered acceptable by societal standards…

    • 519 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Tort Reform in the Us

    • 1193 Words
    • 5 Pages

    Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur, where responsibility is predetermined, tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible, or liable for such injuries. Tort law is broken down into three main categories, negligence, strict liability, and intentional tort. In negligence tort one is accused of causing damages through their carelessness. After accusation of negligence the plaintiff must be able to show that the defendant had duty of care, and that a breach of duty had occurred that caused the damages. Strict liability is a legal doctrine that makes someone responsible for damages caused by their actions (e.g. product liability). Intentional tort is much like negligence, but instead of one causing damages by accident, there was reckless action or intent to cause the damages that occurred (e.g. assault, battery). Tort cases are based on common law, which is laws that have been developed through court decisions, i.e. precedent. However, in certain cases tort law can also be based on statutory law laid out by the legislature. It is up to the court to decide which rule should take a higher standing depending on the case.…

    • 1193 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Field Interview

    • 1029 Words
    • 5 Pages

    Tort liability – lawsuits may result from the harm/damage you cause to other persons or property…

    • 1029 Words
    • 5 Pages
    Good Essays
  • Good Essays

    LAWS1061 Exam Notes

    • 10741 Words
    • 47 Pages

    Definition of tort law concerns the obligations of persons living a crowded society to respect the safety, property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed).…

    • 10741 Words
    • 47 Pages
    Good Essays

Related Topics