Introduction of Torts

Definition

Blacks Law Dictionary defines a tort as:

A civil wrong for which a remedy may be obtained, usually in the form of
damages
Types of Torts

There are a variety of torts, which can broadly be broken into the following
three categories:

Negligent torts

Torts that are caused by the negligence of the tortfeasor, or person who
commits the tort

Intentional torts

Torts caused intentionally by the tortfeasor

Strict liability torts

The law has determined that some activities are so dangerous that an
individual engaging in those activities is liable for damages regardless of intent or
negligence resulting in harm
Negligent Torts

Elements

There are four basic elements of a tort:

Duty

Breach

Duty

-Causation
-Damages

Due care is the amount of care that a reasonable person would exercise
under the circumstances

A reasonable person is not any person or even the average person, but an
imaginary prudent person who takes the precautions necessary to avoid harming
another person or their property

Breach

The defendant is not following the standard of care

Causation in fact

If it was nor for the defendants actions, the incident would not have occurred

The loss of her arm will be worth the money for all of her suffering and hospital bills.
Her career will be ruined and she will have to find another profession that she can
do with one arm/hand. Her chance to become something that she wants to be will
be ruined; she will have lost her spirit.

Defenses

The defendant may be found not to be liable or the defendants liability may
be reduced based on certain defenses

These defenses include:

Contributory Negligence

Comparative Negligence

Consent

Illegality

Defamation

Making a false statement about someone, written or verbal.

Interference with Contract

Stealing a client away from a competitor

Fraud

Offering to sell something that doesnt exist

Contract Law

Based on breach of an agreement between the two parties; victims

prosecutes and receives compensation or restitution
Libel

Written defamation

Slander

Verbal defamation

There are four facts to prove to win a defamation suit:

The defamatory statement was actually made

The statement is false

The statement was communicated to someone other than the plaintiff

In slander cases, the plaintiff must show some injury that resulted from the
defamation
Battery

touching of another person in way that is unwanted or offensive

Assault

action that cause the victim to fear an imminent battery