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Tort A tort is basically defined as something that occurs when the individual, either deliberately or through his or her carelessness causes loss or harm to another individual, or to the individuals property. Although this definition leaves much room for the argument, it does little to define what tort is beyond this vague definition of causing harm or loss to somebody. Therefore, it is very important to embark upon this seemingly difficult task of defining tort by looking at the history and etymology of the term tort, explaining what tort is not, by examining how the word is associated with people in the law field and not to outsiders, examining the uses of the term tort and the results of that usage through giving facts to examples, and giving clear examples of the meaning. The origin of the word tort is probably the most logical place to start.
The word tort was first mentioned in 1250 a derivative of Old French word tort (eleventh century). Similar to many other words in the English language, tort is also a derivative of the Medieval Latin word torture ("injustice) which literally means something twisted, wrung, or crooked, the neutral noun of torture ("wrung, twisted"), past participle of Latin Latin word torture which means to twist, turn, turn awry, wring, distort. The word tort is also a Norman word for a "wrong", and, as used traditionally, this kind of wrong is different from a criminal or contractual wrong. Basically, a tort can be defined as an intentional or negligent civil wrong, which is not arising out of a statute or contract.
These civil wrongs can include the intentional torts, for example, defamation or battery, and torts for negligence. To put it differently, a tort is an action that causes injures, harm or damages to a person in some way. The injured person may sue the offender for damages. In a legal sense of the word, tort is referred to as a civil wrong, in contrast to the criminal ones.
However, it should be mentioned that some acts, such as battery, can be related to both crimes and torts, and the offender may face both criminal and civil penalties. There are several categories of tort, for example, actionable tort, constitutional tort, derivative tort, government tort, matrimonial tort, private tort, or property tort, to mention a few. The dominant action in tort is negligence; it is used in order to protect the individuals property and bodies, including also non tangible economic interests. In addition, there are some torts aimed to protect land (for example, nuisance a strict liability for the individuals neighbors interfering with another enjoyment of their property). There is a tort for defamation, and a tort for false imprisonment. The tort for defamation, for example, involves the acts when someone makes an allegation unsupported by real facts, and represents it as factual, and this act causes damage to the reputation of another person.
Statutory torts create sanctions and product liability against anti-competitive companies. One of the examples of such acts is on consumer protection, with the Product Liability Directive in the European Union. According to it, the companies that make defective products, which cause damage or harm to people are obliged to pay for any damage resulting. The Occupiers' Liability Acts in the United Kingdom is another example of such tort law. Under this law, the individual (e. g.
shop owner), who invited the people onto his land, or has trespassers, owes at least a minimum duty of care for the individuals safety (e. g. , one of the cases is Cooke v Midland Great Western Railway of Ireland). In its simplest form, a tort is something that you do or fail to do which harms someone else and for which you can be sued for damages. For example, if the person throws a stone and by accident hits somebody in the eye, the injured person may sue the offender for losses resulted from the accident. Whether or not the plaintiff wins will heavily depend on whether he will succeed to prove that the offender engaged in tortious conduct in injuring the plaintiff.
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Research essay sample on Injured Person Product Liability
