3- Introduction To Torts -Students

3- Introduction To Torts -Students - Introduction to Torts...

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Unformatted text preview: Introduction to Torts What Is a Tort? A social wrong (not necessarily a crime) A civil wrong (between individuals) When an intentional or careless act harms another Injured party usually sues for monetary compensation Tort law Tort law is the field of law which recognizes and recompenses injuries inflicted upon a persons body, dignity and privacy, to a person's property or proprietary interests in a business. Tort Tort law is designed to provide compensation for injury or damages suffered. What Is a Tort? Contd.. Crimes are social wrongs that affect society as a whole Some crimes are also torts A tort is an inherently wrongful act that causes injury to another What Is a Tort? Contd.. It is possible for wrongful conduct to be both a tort and a crime. Damages in tort are generally awarded to place the claimant in the position he/she would have been in had the tort not taken place. Damages in tort are quantified under two headings: general damages and special damages. We also have punitive damages , but punitive damages are not awarded in order to compensate the plaintiff. Damages General damages General damages compensates the claimant for the non-monetar y (i.e. non-pecuniary ) aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, disfigurement, loss of reputation, loss or impairment of mental or physical capacity. This is not easily quantifiable. Special damages Special damages compensate the claimant for the quantifiable monetary (i.e. pecuniary ) losses suffered by the plaintiff . For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items. Punitive Damages Punitive Damages is not awarded in order to compensate the plaintiff, but in order to reform, punish or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages should reflect the enormity of the offence. Punitive or exemplary damages must bear a reasonable relationship to compensatory damages. Categories of Tort Intentional or deliberate acts that cause injury or loss ( Physical aggression , e.g. Assault and Battery and Business Torts e.g. Passing Off) • Careless or negligent acts that cause injury or loss • Strict Liability Torts - Rule in Rylands v. Fletcher Categories of Tort Some books speak of 3 categories of torts: Unintentional Torts...
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This note was uploaded on 02/01/2012 for the course ACF acc330 taught by Professor Hardy during the Spring '11 term at Seneca.

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3- Introduction To Torts -Students - Introduction to Torts...

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