ipl-logo

Disadvantages Of Tort

972 Words4 Pages

Assignment #2
Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits?

Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.

In tort …show more content…

Punitive damages can be enormous and are often higher than compensatory damages. However, these damages are reserved for only a few special types of lawsuits and their amount maybe capped depending on the type of case. Punitive damages are normally available mainly in intentional torts and rarely in negligence lawsuits.
Question 2: What are two basic categories of torts? The two basic types of torts are intentional torts and unintentional torts (negligence). Intentional torts are done purposely to harm a person or property. Unintentional torts or negligence is the failure to use reasonable care which resulting in harm to a person or property. The classification of a tort depends largely on how the tort occurs (intentionally or negligently) and the surrounding circumstances.

Question 3: What is defamation? Name two types of defamation.
Defamation is a tort, a wrongful act where somebody has made false statements and the intent of the statement is to harm a person’s good name and/or reputation. Defamation can be either one of the two types: slander, which are written defamatory statements or libel which are defamatory statements made …show more content…

Duty - is the first element of negligence which refers to the legal obligation imposed on someone requiring them to adhere to a certain standard of reasonable care while performing any acts that could harm

Show More
Related

Reaction Paper About Tavares

796 Words | 4 Pages

Project Title: Personal Injury Attorney in Tavares, Florida Tavares, FL | America’s Seaplane City Tavares (pronounced as ‘tuh-vair-ees’) is a city located in central Florida, Lake County, USA. It was incorporated in 1880. The city was founded by Alexander St. Clair–Abrams, who was a part of the journalism and rail industry. Tavares’ infrastructure started with the establishment of a post office in 1883.

Read More

Intentional Tort: Court Case Study

556 Words | 3 Pages

Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? 
Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to

Read More

California Gov Case Study

648 Words | 3 Pages

In a standard libel

Read More

Good Samaritan Home Case Summary

689 Words | 3 Pages

Duty- based is the “approach to ethical dilemmas that maintain the certain life obligation should be of primary focus in a person’s everyday life. Those obligations should take priority over others.” I believe its this approach because when in a nursing home you expect good care and to be taken care of. Nobody likes to be at a hospital but when you’re there you expect respect.

Read More

Explain How To Succeed In A Personal Injury Suit

292 Words | 2 Pages

While not every accident is grounds for a persona injury suit, you may be able to collect compensation for your losses if you can prove that another party was at least partly responsible, whether through negligence or malice. The Law Office of Gregory S. Young, attorneys serving clients throughout Ohio and Kentucky, explain a few key elements of personal injury suits and what to expect if you decide to file a claim. To succeed in a personal injury suit, you must be able to demonstrate that the defendant had a duty of care, meaning that they must take reasonable steps to prevent injuries to others in certain situations. Furthermore, you also have to show that the defendant 's breach of that duty directly caused your injuries, which can be very

Read More

Somebody Assaulted Me Research Paper

425 Words | 2 Pages

Before you move forward with suing the person that assaulted you, you must determine if the elements of the attack are considered an assault, and if you suffered damages you can receive compensation for. Two Elements That Define An Assault An assault must have two key elements involved to have it be considered an actual assault. 1.

Read More

Rodger Right Case

1240 Words | 5 Pages

Defamation is the publication of false and derogatory statements about another person, without any justification recognised by law. Definition of Libel and Slander

Read More

Theme Of Duty In Beowulf

792 Words | 4 Pages

Duty is the force that controls how the characters in the poem and interact. The fulfillment of one’s assigned duty would bring prosperous life filled with rewards while the failure to perform one’s assign duty would result in a life of misery. The obligation to fulfill duty is the code which warriors (thanes) in the poem embrace and adhere to. There is a clear-cut network of social duties depicted in the poem.

Read More

The Wrongful Death Statute

171 Words | 1 Pages

Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstances which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, not withstanding the death of the person injured. The wrongful death statute is not in derogation of the common law, and it does not take away any common law right. The wrongful death statute evidences a legislative intent to place the cost of unsafe activities upon the actors who engage in them, and thereby provide a tortious conduct."

Read More

Immanuel Kant's Groundwork Of The Metaphysics Of Morality

753 Words | 4 Pages

The notion of Duty Duties are the so called obligations of the good will. We can distinguish actions in three ways according to the notion of duty: • A person acts clearly without duty or in contrary to

Read More

Libel In Early America

903 Words | 4 Pages

Libel is libel, regardless of its validity, and should be punished. The possible consequences of libel could result in disturbances in society that could be detrimental for the general

Read More

Calder Vs Shirley Jones Case Study

1568 Words | 7 Pages

A. THERE WAS INTENTIONAL INJURY, WITH THE KNOWLEDGE THAT THE HARM WOULD OCCUR IN THE FORUM STATE: In Calder v. Jones 465 U.S. 783 (1984)Shirley Jones, the defendant, is a professional entertainer based in California, who brought suit in California Superior Court, claiming that she had been defamed in an article written and edited by Iain Calder and John South, the petitioners who lived in Florida. The article was published in a national magazine having its largest circulation in California. Petitioners, both residents of Florida, were served with process by mail in Florida, and, on special appearances, moved to dismiss the case for the lack of personal jurisdiction.

Read More

Scotland's Civil Justice System

1214 Words | 5 Pages

The justice system in Scotland separates into two different parts. The criminal justice system that exist in Scotland is to minimise crime by bringing more offences to justice, and also to raise the confidence of the public that the system is fair and will deliver for the genuine citizen. The civil justice system structure that will be discussed in this assignment exists first to provide people with a means to carry out and support their legal rights, and secondly, to regulate the conflict between two or more parties which are in relation to these rights. The civil justice system, then takes care of the legal rights and responsibilities created by civil law. The two main parts of civil law is public and private law Public law is that part of

Read More

Image Restoration Theory Analysis

1028 Words | 5 Pages

Secondly, defeasibility, whenever a statement is found in question to be false by showing proofs or evidences. Thirdly, accident, when it comes to show that the unpleasant incident was happened accidentally and unintentionally. The accused may retreat from the responsibility of this unpleasant accident. Lastly is about good intention. The accused may claims that this offensive act was doing in the best of intention but not in any form of recklessness.

Read More

Disadvantages Of Restorative Justice

2091 Words | 9 Pages

Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.

Read More

More about Disadvantages Of Tort

Related Topics

Open Document