Hello Fellow classmates and Honorable Professor,
This week’s topic (Tort law) is very different and unique and I personally never came across its contents.
In civil law, a tort is an act that brings harm to someone — one that infringes on the rights of others. The adjective tortious therefore describes something related to a tort. Tortious interference occurs when you intentionally harm someone’s business. In other words, Someone Causing harm to an innocent third party. The victim of tortious conduct seeks money damages through a private (civil) lawsuit brought against the tortfeasor.
And tortfeasor is the person who commits the act is called a tortfeasor.
The Tort law is one of the complicated laws which takes enormous toll on each party involved and more so on courts themselves in granting a decision. A statutory tort is like any other, in that it imposes duties on private or public parties, however they are created by the legislature, not the courts.
Tort law is different from criminal law in that: (1) torts may result from negligent as well as intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was acquitted in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court of murder but later found liable for the tort of wrongful death.
Tort law aims at making good the loss suffered by the plaintiff, i.e. it seeks to make the plaintiff whole. Tort law compensates the plaintiff for all damages including pain and suffering. The types of damages are Actual, Compensatory and Punitive. It does not seek punishment of the wrongdoer EXCEPT when damage is made
In the case of the United States, a survey of trial lawyers pointed to several modern developments, including strict liability for products based on Greenman v. Yuba Power Products, the limitation of various immunities (e.g. sovereign immunity, charitable immunity), comparative negligence, broader rules for admitting evidence, increased damages for emotional distress, and toxic torts and class action lawsuits. However, there has also been a reaction in terms of tort reform, which in some cases have been struck down as violating state constitutions, and federal preemption of state laws.
Modern torts are heavily affected by insurance and insurance law, as most cases are settled through claims adjustment rather than by trial, and are defended by insurance lawyers, with the insurance policy, a deep pocket limit, setting a ceiling on the possible payment.
In certain instances, different jurisdictions’ law may apply to a tort, in which case rules have developed for which law to apply. This occurs particularly in the United States, where each of the 50 states may have different state laws, but also may occur in other countries with a federal system of states, or internationally.
Tort law has many terms for suffering, including general damages, noneconomic damages, pain and suffering, mental anguish, impair- ment, loss of the enjoyment of life, and loss of companionship and society. All these terms signify forms of human suffering from pain.
To conclude, tort law is like a crazy maze, never able to find a viable solution for the judges of court.
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