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Law Articles - Tort Law
You and the Tort Law
Everyday, we’re always at the risk of falling victim to
misfortune whether it is from using defective products or unknowingly
falling off into a manhole, or sustaining vast injuries due
to serious highway accidents. You may think that accidents that
happen everywhere to other people are of nobody’s fault
than theirs alone But, once something happens to you, say you
were bit by a dog whose owner was careless enough to let it
wander off, you may cry out, indeed – “not my fault!”.
Injuries may range from trivial to critical, depending on how
it was obtained physically, mentally or emotionally. If an individual
or group has a liability for your accident, you can file for
claims under the tort law. This area of the law is invaluable
you need to have knowledge of it.
Torts are private and civil wrongs or injuries that may be remedied
through a court of law by a lawsuit for damages/compensation.
Once an individual or a group of individuals violate their duty
to others created under general or statutory laws, a tort has
been committed. Liability in the tort law is based upon “
the relation of persons with others; and these relations may
arise generally, with large groups or classes of persons, or
singly, with an individual The common thread woven into all
torts is the idea of unreasonable interference with the interest
of others.” Prosser & Keeton, supra,p.5. Thus, the chief
aim of action in tort is that an individual be compensated for
the loss he has suffered within the scope of his legally recognized
private interests, as the best method of relief.
Tort law is a branch of the civil law. This is one of the three
main branches of civil law where the other branches are contract
and property law. In tort cases, the plaintiff is the victim
of an alleged wrong and the unsuccessful defendant is directed
by the court to pay damages to the plaintiff. The so called
injunctive relief for the defendant is when he is directed to
discontinue from a wrongful activity.
Torts have three general categories. Intentional torts are wrongs
which the defendant knew or should have known would happen through
their actions or inactions (e.g. intentionally hurting a person).
Negligent torts happen when the defendant’s actions were
unreasonably unsafe (e.g. causing accident by failing to obey
traffic rules). Strict liability torts are wrongs that do not
depend on the degree of carefulness by the defendant but established
when a particular action causes damage (e.g. liability for selling
Misfortune may happen unexpectedly to you or anyone in your
family and when it does, a you, as a victim may incur costs.
You can shift these costs to others who you believed has strict
liability in causing it. The principles of the tort law help
you in getting compensation for damages suffered not by your
own fault. Contact an attorney practising this particular area
of the law for clarifications and tips in filing for claims.
by Carla Ballatan