Tort Law has been a Civic Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses (University). For example, a piece of machinery that is neglected, not maintained, can break down while a worker is using it and remove the worker’s finger. Depending on the circumstances of the company the worker can sue under the Tort Law. Negligence according to research taken from Legal Information, which contains information and definitions about Tort Law and what constitutes Tort law; is failure to exercise reasonable care. It is to behave carelessly forgetting or deciding not to do certain things whether it was meaningfully or forgetfulness. Aside from negligence doing or not doing something purposefully can also result id suing under Tort Law.
Ethics is defined in the book as principles’ that determine the morality of conduct, its motives, and its duties (Ashcroft, 2008). It also states that everyone has opinions basing what behaviors are right and what behaviors are wrong. People base these ethical judgments on personal values. “We develop our values from our religious beliefs, our experience, our cultural background, and our scientific knowledge. Because people have differing backgrounds, our judgments as to what is right and wrong vary somewhat.” When it comes to the work place, workers and managers have certain “business ethics” they need to abide by. This can be a good thing or a bad thing. It can be a good thing because maybe you have hired open minded individuals that understand these ethics. It can be a bad thing because if those ethics are not valued in the business, then they have the right to let that person go. Aside from explaining what Tort Law is all about I want to bring up a simple case involving Tort Law and discuss it to a point. The case: Summary of Garratt v. Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955).
Five year old Brian Dailey (D) pulled a chair out from under Ruth Garratt just as she was about to sit causing her to fall and break her hip. Garratt brought suit for personal injuries and alleged that Dailey had acted deliberately. The trial court entered judgment for Dailey and found that he had not intended to injure Garratt. The court nevertheless made a finding of $11,000 in damages in case the judgment was overturned on appeal. Dailey appealed.
1. In regards to the intentional tort of battery, is the element of intent satisfied if the defendant knows with a substantial certainty that...