Tort Law

Topics: Tort, Breast implant, Tort law Pages: 4 (1234 words) Published: July 21, 2013
Tort Law

Tort laws are laws that usually involve state law and civil suits. State law are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others while civil suits are actions brought to protect an individual's private rights. A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others (Tort Law, 2013). There are three elements in every tort action. For the first, the plaintiff must show that the defendant was under a legal duty to act in a certain fashion. Second, the plaintiff must show that the defendant failed to perform his or her duty. The third element must prove that the plaintiff suffered injury or loss from the defendant's breach. There are two main categories of torts: intentional and negligence. Intentional torts are usually offenses committed by a person who attempts or intends to do harm. The individual must be aware that injury will be the result of the act. The most common type of intentional tort is assault (Tort Law, 2013). In order for assault to occur a person must have a feeling of fear of life and apprehension of injury. No actual physical contact needs to take place. Another common type of intentional tort is battery. It is an intentional tort that results from physical contact (Lau, T., & Johnson, L., 2013). Other interests violated by the intentional torts are trespass, false imprisonment, invasion of privacy, conversion, misrepresentation, and fraud (Tort Law, 2013). Negligence torts are acts leading to injury that are neither expected nor intended (Lau, T., & Johnson, L., 2013). There are four elements to show if negligence has occurred: first the plaintiffs have to establish that the defendant owed a duty to them. Second, they must demonstrate the breach of duty from the defendant. Third, the plaintiff needs to show proof on...

References: Drye, J.M. (2013). Tort Liability 101: When are Teachers Liable? Educator-Resources Legal Issues, Teacher Tort Liability. Retrieved from
Lau, T., & Johnson, L. (2013). The Legal and Ethical Environment of Business. Torts Chapter 7. Retrieved from
Tort Law. (2013).The Free Dictionary, by Farlex. Retrieved from
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