Introduction to the Law Of Torts: What is it?
Tort law is the area of law that deals with civil wrongs, such as causing harm or injury to another person. It aims to provide relief for injured parties, impose liability on those responsible for the harm and deter others from committing similar acts. The boundaries of tort law are based on common-law and state statutes, which determine what constitutes a legally cognizable wrong and how much damages should be awarded.
Torts can generally be divided into three categories:
- Intentional torts (e.g., hitting someone): Intentional torts are wrongs that the defendant was aware of or should have been aware of, due to their actions or lack thereof.
- Negligent torts (e.g., causing an accident by not following traffic rules): Negligent torts happen when a defendant behaves in an unsafe manner that is not reasonable, and
- Strict liability torts (e.g., selling defective products): In contrast to intentional and negligent torts, strict liability cases don't depend on how careful the defendant was; rather courts consider whether any harm occurred.
There are also numerous specific areas of tort law such as trespass, assault, battery, negligence and intentional infliction of emotional distress which we explore in detail later. There are also areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts. Loads of fun stuff =)
Remedies
A breach of conduct can be seen as a legal affront, resulting in harm to an individual and liable to prompt judicial censure. Injury encapsulates a violation of a right, while harm implies any actual detriment endured by an entity.
A Synoptic View Through an action in tort, monetary reparation is requested, typically, to soothe the afflicted while complicity is imposed and transgressiveness inhibited.
Remediments such as reparation, injunction and restitution offer a more circumstantial salve to the victim of harm. The restrictions of tort law are determined by jurisprudence and state statutory law. Magistrates, in interpreting the idiom of edicts, have wide sway in ascertaining which undertakings qualify as defensibly perceptible errors, which counterarguments may supervene any specified allegation, and the proper gauge of amends.
Despite the fact that tort law fluctuates by state, innumerable courts reference the Restatement of Torts (2nd) as a pervasive guide. Tort law has developed over time to encompass a broad array of offenses, including negligence and intentional wrongs. The main point of tort law is to make the injured person whole again and to discourage others from committing the same harm. As an area of substantive law, it encompasses many different kinds of liability, such as car accidents caused by drunk drivers or medical malpractice cases against incompetent doctors.
In simple terms:
If someone does something wrong that causes harm, the law allows the person who was hurt to get money from them or make them stop doing it. In some cases, a court can also order the person who did something wrong to pay extra money as punishment for what they did.
In most tort cases, the court will give money to the person who was hurt if they can prove that someone else caused their injury. This money is called compensatory damages and it is usually an amount of money equal to what they lost from not being able to work or earn in the future, any physical pain they have suffered, and expenses related to their medical care. The court may also award them for losses that have happened as well as ones that are expected to happen in the future.
Differentiating Torts from Other Basis For Liability.
In contraposition to criminality - perceived infractions against the state or society writ at large - torts signify breaches of private agreement and are largely intended to recompense victims vice inflicting retribution on offenders. Oftentimes, ostensibly devious acts may produce liability in tort and criminal context. Take, for instance, pernicious negligence that threatens public well-being - said transgression may have ramifications in both tort and criminal law.
Let's tone this down a bit, and make the entire article simpler for you to read****
( I Promise not to be verbose anymore)
Torts are distinguished from crimes, which are wrongs committed against the state or society as a whole. The primary purpose of criminal liability is to uphold public justice, whereas tort law focuses on private wrongs and is designed to compensate the victim rather than punish the wrongdoer. In some cases, an act may result in both tort and criminal liability; for instance, gross negligence that puts the lives of others at risk can be both a tort and a crime.
For example, Battery (a tort discussed in detail in a bit) is punishable under both criminal law and tort law. Ideally, tort law should provide monetary compensation to the plaintiff, while criminal law should provide rehabilitation for the defendant and also benefit society by reforming the defendant who committed the assault.
Tort law distinguishes itself from contract law, as a breach of contract is not usually considered a tortious act, even if a party has a strong breach of contract case under contract law.
Let's explore some of the most common torts
List of Torts* with short sample (D=defendant; P=plaintiff)
***(most important ones, not the full list - Relevant for CLAT and other entrance tests)
...In Part 2 of this series...