Understanding Tort
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Understanding Tort Law
Overview
Tort law is distinct from contract law, restitution, and criminal law. While contract law safeguards the parties involved when expectations arise from promises, restitution prevents unjust enrichment by compensating for wrongdoing. In contrast, criminal law addresses severe crimes like murder and fraud, which require societal prevention and punishment. It's important to note that certain wrongs may lead to both criminal and tort liabilities.
Protecting Individual Interests
Tort law aims to protect an individual's bodily security, property, financial resources, and reputation. Violations of these interests typically result in compensation, often in the form of unliquidated damages. The primary goal of tort law is to restore the injured party to their pre-wrongdoing position, following the expectation or rightful position principle.
Categories of Torts
Torts are generally classified into three categories: intentional torts, negligence, and nuisance. Other countries may recognize additional categories or subcategories. Some torts fall under liability torts, where the plaintiff only needs to prove injury, damages, and the defendant's responsibility, without demonstrating the defendant's intent or breach of duty.
Definition of a Tort
According to William Prosser, in his renowned treatise "Handbook of the Law of Torts," a tort is described as a collection of civil wrongs, apart from contract breaches, for which a court can provide a remedy through damages.
Self-Help in Tort Law
In certain situations, tort law permits self-help, such as using reasonable force to remove a trespasser. Additionally, for ongoing torts or potential harm, courts may issue injunctions to prevent further damage.
Purposes of Tort Law
Tort law evaluates whether a loss affecting one person should be borne by another. It compensates for tangible consequences like medical expenses and non-monetary damages such as pain. Understanding tort law can be complex, but awareness of its impact on individuals and society is crucial. Legal responsibilities can feel overwhelming without careful attention.
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