Torts-Civil Wrongs
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Torts- Civil Wrongs
- What is a Tort? How does it differ from a criminal action?
In common law jurisdiction, Tort law is defined as a civil wrong which causes the claimant to suffer a loss resulting in legal liability for the person who commits a tortious act. Whereas tort law deals with lawsuits by the victim against the wrongdoer to recover monetary damages, criminal law deals with actions by the government against a wrongdoer resulting in jail terms.
- What are the 3 types of Tort? Provide an example of each type.
There are three main types of Tort lawsuits: intentional torts, negligence torts, and strict liability. An intentional Tort lawsuit occurs when an individual or entity intentionally or purposely engages in an activity that causes harm or injury to another. Examples include assaults, false imprisonment, defamation among others.
On the other hand, a negligence Tort lawsuit occurs when a person or entity fails to adhere to a certain specific code of conduct expected of them or neglects a legal duty of the public to act in a certain way to reduce the risk of harm or loss to others. Examples include car accidents, medical malpractice among others.
Strict liability Tort lawsuit occurs when responsibility for an injury or harm can be imposed on a wrongdoer without proof of negligence or direct fault. Examples include defective products, animal attacks such as dog bites among others.
- Negligence Torts have become the most common area of Tort law. Negligence is someone who commits a careless act that creates harm to another person is negligent. WHAT ARE THE 3 KEY CHARACTERISTICS OF NEGLIGENCE?
Negligence Torts have three characteristics namely: the action is not intentional meaning the wrongdoer didn’t intend to cause harm. The action is not planned or organized by the wrongdoer and lastly, the injury was created.
- Negligence is proven by using a series of criteria—there are 5—what are they?
Five elements applied in proving Negligence Torts are Duty, Breach of Duty, Cause, Proximate cause, and damages. For a Negligence Tort to be proven in a court of law, the wrongdoer must have owed the plaintiff a duty for example healthcare professionals are expected to uphold a certain standard of care. Failing to execute such reasonable care while carrying out a duty as required results to breach of duty. If the actions of the wrongdoer resulted in a fault, its called Cause. The specific action that resulted in an injury is what makes up the Proximate Cause, for example, an operation has gone wrong in a hospital. Finally, legal harm(damage) must be proven to have occurred. The actual damage suffered to the person owed responsibility must be established for a negligence claim to have merit in a court of law.
- Provide one example of a duty of care.
A duty of care refers to the legal responsibility of a person or organization to avoid any behaviors that could lead to harm on others. For example, a duty of care is owed by a doctor while giving operating a patient to avoid causing harm to them.
- What are the 3 common defenses to negligence?
Contributory negligence, comparative negligence, and assumption of the risk are the three common defenses of negligence. Under contributory negligence, more than one person acted negligently to cause harm. For example, a driver enters the lane of the oncoming cars causing a collision with another car whose driver was over speeding hence could have avoided the collision if he/she wasn’t over speeding.
In comparative negligence, the plaintiff’s damages are reduced by whatever percentage their fault contributed to the injury. For example, in the case of the driver discussed above, the court may determine that the plaintiff was 75 percent responsible, and the defendant 25 percent responsible for the fault.
Under the assumption of risk defense, the defendant may escape a risk by providing evidence that the plaintiff agreed to bear any risks caused by the plaintiff. For example, a person hires a car and the car owner agrees to meet the costs of any damage caused by the driver. In such a case if an accident occurs, the car owner is held responsible.
- Defamation laws and the internet are also known “cyber-libel” – what does this mean? Provide 1 example.
Cyber-libel is a term used when someone intentionally damages someone else image on the internet for example through emails, blogs, personal websites among other internet platforms. For example, spreading false information about a person through Facebook may attract a Cyber-libel charge in a court of law.
- Defamation is also known as libel and slander. What is the difference between Libel and Slander?
Libel and slander refer to untrue statements made by someone to another that are harmful to their reputation. Libel is a defamatory statement done in writing while slander is a spoken defamatory statement.
- There are 6 defenses to libel. Provide 2 of the 6 – your choice.
Consent
Where the plaintiff consents to the defamatory matter published about them, then this is taken as a defense in a court of law.
Truth
Where the defendant proofs that the defamatory statement against a plaintiff who is a public official or public figure, then the truth is taken as a defense in a court of law.