LAW OF TORT

Law of Tort

Law of Tort

Briefly describe the following: definition of tort; and the main purposes of the law of tort (s)?

Tort law is a law that deals with reparation of damage. But nevertheless, at times, when the repair thereof is difficult, the law allows the injured party redress through compensation for the damages incurred. This legal obligation to compensate the damage or repair the damage generated in the bound, typically, the mood never to commit the act which led to the damaging event, under penalty of again in wrongful conduct that led to the need repair.

In this sense we can say that tort law is also a preventive law, but is not the most representative of the same peculiarity.

As the punitive law is set more on the social criticism that deserves the criminal offense and the punishment of the guilty, private law tends especially to the satisfaction of the injured (Art.112 CC). If the damage is material, restitution or compensation equivalent to compensating the victim for the harm suffered by the affected property, so the judge should perform a calculation or measurement of satisfaction regarding the reported property damaged the injured at the time of the accident happened, calculation cannot be subject to any rules, even though there are now scales of measurement, making it a post-test analysis discretionary authority, not subject to the possibility of being revised or even on appeal unless there is an arithmetic error.

When the repair is not possible, should be returned by economic translation, aiming to mitigate the damages caused to the victim or his family or others (art.113 CP), whether economic or moral. (Partnoy, 2004). The torts laws are derived from a combination of legislative enactments and common law principles, it is normally founding regional, national civil codes and state where the limits on damages and the statue of flimitations for tort cases are detailed. It can be classified into three different core classes: negligent torts, intended torts and strict liability torts.

The aspect of intent qualified in a situation where the defendant is shown. It acted in a manner resulting in harm to the plaintiff while substantially certain that such consequences would follow. Among the examples of torts that fall under this category are trespass on property, invasion of privacy, fraud, battery, assault, false imprisonment and defamation. However, sometimes situations may arise where harm to others outweighed by other vital interests that upheld by the law thus certain conducts not being termed intentional torts. Injuring another person while protecting yourself is one such example (Loiacono, 2003).

The law of torts is the idea of ??repairing the damage. Soon appeared a difficulty with the term, "repair". Some indeed seem irreparable harm (death, etc.).. We should be talking about compensation, compensation. Award damages for the loss, for example, one member seems to operate a heritage value of the human body.

Civil liability has no punitive function normally. We will not sanction nor a person whose fault is more important than ...