Torts - TORTS Tort law is the name given to a body of law...

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T ORTS Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. [1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible , or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents. For instance, Alice throws a ball and accidentally hits Brenda in the eye. Brenda may sue Alice for losses occasioned by the accident (e.g., costs of medical treatment, lost income during time off work, pain and suffering, etc.). Whether or not Brenda wins her suit depends on if she can prove Alice engaged in tortious conduct. Here, Brenda would attempt to prove Alice had a duty and failed to exercise the standard of care which a reasonable person would render in throwing the ball. One of the main topics of the substance of tort law is determining the " standard of care " - a legal phrase that means distinguishing between when conduct is or is not tortious. Put another way, the big issue is whether a person suffers the loss from his own injury, or whether it gets transferred to someone else. Going back to the example above, if Alice threw the ball at Brenda on purpose, Brenda could sue for the intentional tort of battery . If it was an accident, Brenda must prove negligence . To do this, Brenda must show that her injury was reasonably foreseeable, that Alice owed Brenda a duty of care not to hit her with the ball, and that Alice failed to meet the standard of care required. In much of the western world, the touchstone of tort liability is negligence . If the injured party cannot prove that the person believed to have caused the injury acted with negligence, at the very least, tort law will not compensate them. Tort law also recognizes intentional torts and strict liability , which apply to defendants who engage in certain actions. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual "interests." This includes interests recognized in other areas of law, such as property rights. Actions for nuisance and trespass to land can arise from interfering with rights in real property. Conversion and trespass to
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chattels can protect interference with movable property. Interests in prospective economic advantages from contracts can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual relationship may nevertheless be tort rather than contract claims, such as breach of fiduciary duty . Tort law may also be used to compensate for injuries to a number of other individual
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Torts - TORTS Tort law is the name given to a body of law...

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