The law of torts
By melanie | June 6, 2008
Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties.[1] A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another’s injury. Torts cover intentional acts and accidents.
For instance, if somebody throws a ball and hits a pedestrian in the eye, the pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of medical treatment or lost income during time off work). Whether or not the pedestrian wins will depend on whether he can prove the thrower engaged in tortious conduct. If the person threw the ball at the pedestrian on purpose, the pedestrian could sue for the intentional tort of battery. If it was an accident, the pedestrian must establish negligence. To do this, the pedestrian must show that his injury was reasonably foreseeable, that the thrower owed him a duty of care, and that the thrower fell below the standard of care required of him. One of the main issues in negligence law is determining the “standard of care” - a legal phrase that means distinguishing between when conduct is or is not negligent.
Topics: Business Law, General |
June 7th, 2008 at 4:20 am
This is a test comment
September 9th, 2008 at 4:43 am
This article is very educative especially to people with little or no legal background. It goes along way in showing to your clients and the general public that your firm appreciates the fact that everyone is not a legal expert. Keep it up!
Ben