The purpose of this paper on Law of Torts was to choose for or against tort reform and to state my position and support it. I have found it helpful to first gain a basic understanding of Law of Torts, their purpose, and the procedures in up holding them. I do not feel I have substantial knowledge to take a position for or against, but it is an election year and everyone has an opinion about things they know nothing about. Why should I be different?.
Tort Law is more commonly called personal injury law. It is intended to compensate you if someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. The person who commits such a wrong is often referred to as the "tortfeasor," from the French for "wrongdoer." If the person harmed files a lawsuit, he or she is called a "plaintiff" or "claimant," and the wrongdoer is called a "defendant." Torts can be classified in three broad categories: negligence, intentional torts and strict (or absolute liability) torts.
What is negligence?.
The most common tort--and the one most difficult to define--is negligence. Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing. An individual will be liable if his or her unreasonable act or failure to act causes an injury, even if the harm is unintentional. .
What is an intentional tort?.
Intentional harm or intentional tort is the "malicious" or "intentional" infliction of harm that results in injury. Examples of intentional torts;.
Assault .
Battery .
False imprisonment .
Intentional infliction of emotional distress .
Fraud and misrepresentation .
Wrongful death .
Harm to reputation (defamation) .
Trespass .
Trespass to chattel (theft of personal property) .
Unauthorized contamination of property .
Many intentional torts are also criminal offenses. For example, an assault can result in both civil charges and criminal charges.
