Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging conduct or for monetary compensation for damages encountered.
There are several types of damages an injured party may make claim and receive compensation from, such as: loss of wage capacity, pain and suffering, undue mental duress, and reasonable medical expenses. Claims can include both present and future expected losses.
Included amongst the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional distress (harassment).
Torts also fall into three general categories:
1. intentional torts (e.g., intentionally harming a person);
2. negligent torts (causing an accident by failing to obey traffic rules); and
3. strict liability torts(e.g., liability for knowingly making and selling defective products
Intentional torts are those wrongs which the defendant had knowledge of, or by reason should have known, would occur through their direct involvement, being a part of or intentional lack of action. Negligent torts are when the defendant's actions are deemed unreasonably unsafe. Strict liability wrongs don't depend on how little the defendant's sense of responsibility was, but is established after the fact, when a particular action causes damage. A person may operate in a unreasonable manner but is not subject to tort until a claim to cease and desist or call for compensation is made.
Tort law is derived through common law Judges and enacted into state law by legislatures which enact statutory law.
General Principle Torts
(1) Any one who invades the privacy rights of another is subject to liability payment for any resulting damage to the interests of the person who was harmed.
Privacy invasion is explained by:
(a) unreasonable intrusion upon the seclusion of another, or
(b) identity theft, appropriation of the other's name or likeness, or
(c) Malicious, false or unreasonable publicity given to other person's private life, or
(d) publicity of an unreasonably nature that places the other person in a false light before the public,
Intrusion upon Seclusion is a person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another person or his/her private affairs or concerns. The wrong doer is subject to liability to the wronged for invasion of privacy, if the intrusion is seen as highly offensive to a reasonable person.
Appropriation of Name or Likeness (identity theft) is a person who takes the name or likeness of another for his/her own use or benefit The wrong doer is subject to compensate the wronged person for invasion of privacy.
Publicity Given to Private Life, when a person deliberately produces derogatory publicity concerning the private life of another person is subject to liability to the injured person for invasion of his/her privacy, if the publicized material is of a kind that
(a) would be highly offensive to a reasonable person, and
(b) is not of legitimate concern to the public.
Publicity Placing a Person in a False Light is when one person falsely gives publicity before the public in such a manner as to shed a false light upon the integrity or character of another person. Such a person is subject to pay for injuries received by the injured person for invasion of privacy, if:
(a) the false light in which the other was placed would be highly offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Common Law Protections of Privacy
It was found that infringements on personal actions are not valid while in the workplace
Restatement of Torts (2nd)
About the Author: Donald Yates, Former Director of Business and Leadership Development for Imperial Research, is now retired but continues to assist young people in engaging life through self discovery, Life course planning, intuitiveness and fulfillment. Learn how you can build a powerful organization of your own. Go to http://www.clean4profit.com and learn how to build a heartfelt business for life.
Definition And Use Of Tort Law
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All About Torts
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