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Tort Law Basics Essay

832 words - 3 pages

What is Tort?Tort means a wrongful act which causes an injury. It is a civil wrong done by one person to another's body, property or reputation. The wrong could be done negligently or intentionally. The victim is usually awarded damages paid by the person who committed the wrong.2. Describe 3 social purposes of law.i)To compensate the victim for loss suffered in order to place them in the same position they would have been in before the wrong too place.ii)Acts as a specific deterrence, in which, if a person has already been through court action and had to pay damages/costs, they would in turn avoid any wrong doing that would put them in that situation again.iii) Acts as a general deterrence, in which others such as companies, professionals, etc., pay close attention to cases that arise in the same field of business, and acts accordingly to avoid the same situation to happen to them.3. What are the 3 elements of tort?i)Wrongful conduct of the defendant must be evident. This is where the defendant has intentionally or negligently committed a tort.ii)Causation is also a crucial element of tort. There must be a direct connection between the wrongful act committed and the harm suffered by the victim.iii)Harm to the plaintiff must be actual harm to a legally recognized interest. The victim must be able to prove they have suffered actual harm.4. Describe 2 categories of intention.i)Subjective intention is when it can be proved that the accused intended to produce the result that followed his or her wrongful act. It is when the 'mens rea', in other words, the guilty mind is evident. This is usually found in criminal cases. It can be in the form of express intention, recklessness, transferred intention, and implied intention.ii)Objective intention is when the accused had no intention to produce the outcome which resulted from the wrong committed. The intention was not there, but the 'actus reus', which is the wrongful conduct, is still committed. This can be in the form of negligence, strict liability and absolute liability.5.Define defamation and false imprisonment.Defamation is a statement of opinion or fact which can lower a person or company's reputation within society. They are statements in which expose the victim to hatred, contempt or ridicule.False imprisonment is the intentional confinement of another person within fixed boundaries without lawful justification. The confinement must be total, meaning the victim must be completely...

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