Tort- according to section 420 of civil and commercial code, a person who willfully or negligently unlawfully injures the life, body, health, freedom, property, or any other right of another person is bound to compensate him for any damage. Whoever is injured by the behavior or action of another person is entitled to seek compensation. For example, I am driving car while using phone and i hit your car, your car is broken so I may be liable for wrongful act/ tort. If you can prove that following 5 elements are met: act, misconduct, unlawfulness ,causaation, and damage. Act- I hit your car which is an action Misconduct - I am wrong. While I was driving, I was using my phone Unlawfulness - My action is unlawful because I had no right to hit your car Causation - Your car is broken because of my negligence. I am the cause of the accident \ Damage - Your car is broken which is the damage. Analyzing one by one. 1) Act - There must be an action which can be positive or negative. Positive means doing something for example, I hit your car, Commision - I have done something against you. The behavior of person doing an act. Doing something against someone. You can be liable for your negative act or omission. Not doing something that was supposed to do =. For example, working in restaurants and mopping the floor without putting any sign and someone slips so I am liable in this case because I did not do something I was supposed to do. Another example, working as a supervisor in swimming pool and one child dies in swimming pool so it is my fault because I was supposed to save the child 2) Misconduct- Can be wilful or negligent. Wilful means doing something on purpose. The person who commits the tort/ wrongful action desire to cause the effect of injury. For example, I am arguing and I punch you so this is wilful misconduct. I decide to cause the effect of the injury. The case would be different if I punch you as a consequence of an accident. For example, I am excited that the football team won the football so I jump and hit you. Because of my negligence, your nose is bleeding so I will still be liable but in this case, I can commit an offense unintentionally but without the degree of care I should have used. We can determine negligence by comparing the behavior of mine with the behavior of a reasonable person. A person in that specific situation - how would that reasonable person behave in that situation. If my behavior is not reasonable, and not careful then I have to pay for my negligence so we need to compare case by case. The outcome may be different depending on how old am I, when did the accident happen (day or night), depend on the situation as well (the existing circumstance). Suppose I was driving car at night and I hit someone because I cannot see so was I liable? It depends on different circumstances like was it too dark, was I speedy, The outcome would be different during the day.
- One '20
- Tort Law, supervisor, legal support