Tort Analysis

In this presentation we will talk about law of Torts .

Tort is a wrong that involves a breach of civil duty owed to someone else.

A person who suffers harm or damage is hurt in some way,hurt might be physical or it might be some other type of hurt. For example : person who shopping in supermarket and employee of the supermartket washed the floor ten minutes ago and floor is not dry,there is no sign to warn person that floor is wet,person slip on the floor and hurt leg and then he have to go to hospital, in spite of it he can not go to work for three week, in this situation he need to make a claim based on the principles of the law of tort. In this situation we have a person have physically hurt and he lost money,because of someone else’s

“Tort” means “wrong” and it is natural to think that wrongs are the domain of tort law.

Tort law does not concern itself with all the wrongs that people do,some wrongs are addressed by the criminal law ,not private law . (https://seop.illc.uva.nl/entries/tort-theories/)

“ WHAT IS TORT LAW ?

Tort are wrongs,these wrongs include an intentional punch,all torts involve conduct that falls below some legal standard.

The list of tortious wrongs is very long.

In almost all cases, the defendant is in some sense at fault,either because he instends harm or because he takes unreasonable risks of harm.

In all tort cases,the defendant’s wrong results in a harm to another person,that the law is willing to say constitutes a legan injury

The injured person is said to have a “cause of action”, that is, a claim against the person who committed the tort, this claim can be pursued in court.

A breach of contract is often grounds for a lawsuit,but a breach of contract is often not considered to be a tort at all, it must ordinarily be redressed under the rules for contracts , not the rules for

Non-tort systems- physical injuries inflicted by one person upon another are commonly addressed by tort law ,but there are alternatives to tort law .

THE AIMS AND APPROACHES IN TORT LAW – JUSTICE AND POLICY,COMPENSATION AND DETERRENCE

Morality or ccorrective justice-Particular aims of tort law are usually erected under one of two large systems of thought.

The first bases tort law on moralresponsibility or corrective justice. It attempts to hold defendants liable for harms they wrongfully caused and no others.

Social utility or policy- The second large system of thought reverses the emphasis ; it bases tort law on social policy or a good-for-all-of-us view.

Process – one kind of utility or social policy is inward looking. Rules must be made with legal process itself mind. They must be kind of rules judges and juries can understand and apply in a practical way,and they must not leave too much to the judge’s or the jury’s discretion.

Potential conflicts- the first two ways of looking at tort law are usually regarded as antithetical to each other. The legal processs view might also conflict with the aims of justice or those of policy.