Tort Law Flashcards, test questions and answers

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What is Tort Law?

Tort Law is a branch of civil law that deals with wrongs committed against individuals or their property. It is based upon the concept of fault, meaning that a person who has caused harm to another must compensate them for their losses. A tort can be either intentional or unintentional. Intentional torts are those acts that are deliberately done in order to cause harm, while unintentional torts are those acts done without any intent to cause harm but which nevertheless result in injury to another person. Tort law provides remedies for victims of negligence, including physical injury, economic losses and emotional distress claims. Negligence occurs when someone fails to exercise reasonable care and causes an injury as a result. To establish negligence in tort law, it must be shown that the defendant did not act as a reasonably prudent person would under similar circumstances; did not exercise reasonable care; and caused damages that were foreseeable and proximately related to their conduct. In addition, the plaintiff must prove causation between the defendant’s actions and the resulting damages. Other intentional torts include defamation (slander/libel) – false statements made about another person; invasion of privacy – wrongful intrusion into one’s personal affairs; battery – intentionally causing physical harm or offensive contact; false imprisonment – restraining someone against their will; conversion – wrongfully taking someone’s property without consent or legal justification; trespass entry onto another’s land without permission; fraud deliberate deception intended to get an unfair advantage over another person or company, and many more. In general, remedies available through tort law can include both compensatory damages (monetary compensation) and punitive damages (awards designed primarily as punishment). Compensatory damages seek to restore victims financially by making them whole again after suffering financial loss due to the defendant’s careless behavior while punitive damages serve mainly as punishment for those whose behavior was particularly egregious or malicious. Tort law is an important part of our legal system because it provides individuals with recourse when they have been wronged by others due to negligence or other wrongful conduct.