Tort Law


Tort law is a type of law which a law student studies during the course. A tort can be defined as a breach committed against another party by another party where the injured party can sue for damages.  Tort law has elements which include breach of duty, injury, and duty.   Examples of tort include intentional tort, negligence, and strict liability.  Liability is as a result of an intentional act or negligent, that is a failure to act when a person has a duty to act. A person who commits tortious act leading to tort liability is called a tortfeasor.  An intentional tort is as a result of the intentional act while unintentional tort is due to carelessness.  Negligence and intentional lies on the part of the defendant.  The law rules the defendant to be responsible for victim’s losses. Though the tort law is less concern with the criminal act of the defendant, malicious prosecution causes one to be prosecuted for a criminal activity. However, must clearly show that the defendant acted malice bringing guilty to justice. Trespass is going through land belonging to someone else or putting something on one’s property without permission. The law values the right of property owners. Defamation is an injury to someone name. Slander is the spoken type of defamation which can be done through telephone, radio or television.  While a written defamation statement is called a libel. When there is property damage, both the reimbursement of the medical expenses and compensation for lost wages the damage is expressed in terms of money. Damages are usually measured in the extent of the injury. Damages are known as compensatory damages.  There must be a breach of duty by the defendant towards the plaintiff which results to injury.  Both damages and injuries suffered by the plaintiff are personal injuries. Personal injury can be as a result of the affliction of the mental distress and interference with the contract of the property. Tort law states whether the person should be held legally responsible for the damages caused and what type of compensation is entitled to. The act of individual should not affect in either way the third parties.

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