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Tort Law

Submitted by falconsnest on May 6, 2008

Category: Miscellaneous
Words: 1433 | Pages: 6
Views: 123
Popularity Rank: 83,905
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Tort Law

Imagine being pursued and attacked by a vicious dog. This dog not only caused physical damage, but also mental instability for you towards dogs. In this case, if the dog has an owner then there would be plausible cause to sue. This is where tort law comes into play. “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 contratual duties. 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 (Webster).” 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.
The word tort is translated to mean the word “wrong”. In the process of someone being negligent,or in the “wrong”, these people can be sent to trial on the basis of tort law. Deliberate torts causing bodily harm, property harm, and business are ruled as crimes in the court system. For instance, if somebody throws a ball and accidentally hits a pedestrian in the eye, the pedestrian may sue the person who threw the ball for losses caused by the accident. Losses may consist of costs of medical treatment or lost income during time off work. Whether or not the pedestrian wins will depend on whether they can prove the thrower engaged in tortious conduct in injuring the pedestrian. In most cases by failing to exercise ordinary care in undertaking the activity that caused the injury. One of the main topics for the basis of tort law is determining the "standard of care." Standard of care is a legal phrase for deciding between when conduct is or is not tortious. If put another way, the big issue is whether a person suffers the loss from his own injury, or whether it gets transferred to someone else.
In the United States, the largest portion of tort liability is dealt in negligence....

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