LAW OF TORT

Law of Tort

Law of Tort

Introduction

A tort is breach of civil duty that is to be accounted for by the one who commits the tortious act. According to common law jurisdictions, tort is wrong. The person who commits a tort is a tortfeasor. The victim of a tort can file a lawsuit against the tortfeasor. There are 5 people who have suffered from tort in this case. There are different causes of tort, but the most common is negligence. The victim of a tort has the right to try the tortfeasor in court without the intervention of the police. The tort can be of physical, psychiatric or other nature. There are laws for all types of tort that facilitates the victims. The law of tort can be used by the direct participants or secondary victims (Williams, 1982, pp. 09).

Discussion

Tort differentiates itself from a crime, because it addresses the breach of civil duty, not the duty a person owes to the society. However, there are many crimes that regarded as tort, and vice versa. In the case of a tort, the victim can go directly to the court and file the lawsuit. Tort can be regarded as a personal injury.

There are direct participants and secondary victims of tort. The direct participants are those who have been present at the time of the tort and directly got injured or affected by the action of the tortfeasor. The secondary victims are those who are either related to the primary (direct victim), or there is proximity between the claimant and the accident that has occurred.

The direct and secondary victims of tortious injury have the entitlement to receive the 'damages' from the tortfeasor. These damages typically comprise of a monetary compensation. The Tort law has clearly defined the legal injuries entitled for liability if the breach of law occurs. The legal injuries are not restricted to physical injuries. They may include reputational, economic, or emotional injuries. They can also include violations of constitutional rights, property, or privacy. Some of the tort cases include environmental pollution, defamation, auto accidents, product liability false imprisonment and copyright infringement. History shows that emotional injuries like depression or nervous shock were not considered to be entitled for compensation. People took nervous shock as a problem of the mind rather than a consequence of an accident.

The most modern type of tort is, negligence. This tort must be understood in considerable detail in order to understand its application. The victims of negligence can claim damages due to negligence once they understand the laws that apply to it. The simplest meaning of negligence is 'carelessness'. However, it is necessary to note that there is no liability in negligence unless there is a duty to take care. The concept of duty to take care means that, in this case, Ben had the duty to take care. Ben had to ensure that the installation of the gas pipes would be done with the utmost care so that no harm ...