What Is Tort Law?

Tort law is the area of the law that covers most civil suits. Generally, every claim that arises in civil court, with the exception of contractual disputes, falls under tort law. The concept of this area of law is to redress a wrong done to lớn a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation. The original intent of tort is khổng lồ provide full compensation for proved harms.Bạn đang xem: Tort là gì

Tort law is that branch of the law that deals with civil law, including law suits but excluding issues involving contracts.Tort law is considered khổng lồ be a size of restorative justice since it seeks to lớn remedy losses or injury with monetary compensation.In general tort law falls inkhổng lồ three categories: those complaints dealing with negligence; intentional harm; and unintentional but non-negligent acts known as strict liability.

Understanding Tort Law

Tort law requires those who are found lớn be at fault for harming others to compensate the victims. Typical harms include the loss of past or future income, payment of medical expenses, payment for pain and suffering, và may also include additional punitive damages that are meant to punish the plaintiff in excess of full compensation.

Bạn đang xem: Tort law là gì

Tort law can be split inkhổng lồ three categories: negligent torts, intentional torts, và strict liability torts. Negligent torts encompass harm done lớn people generally through the failure of another khổng lồ exercise a certain level of care, usually defined as a reasonable standard of care. Accidents are a standard example of negligent torts. Intentional torts, on the other hand, refer to harms done to people intentionally by the willful misconduct of another, such as assault, fraud, và theft.

Strict liability torts, unlike negligence and intentional torts, are not concerned with the culpability of the person doing the harm. Instead, strict liability focuses on the act itself. If someone or some entity commits a certain act - for example, producing a defective sản phẩm - then that person or company is responsible for the damages from that act, regardless of the cấp độ of care exercised or their intentions.

Examples of Tort Law

According lớn liability tort law, drivers can seek compensation from a manufacturer for a faulty part of a oto, usually an airbag or a tire. However, this liability tort now extends to self-driving cars, và Google can be found liable for the damages.

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Amy Williams filed a negligence lawsuit against Quest Diagnostics and its subsidiary Athena Diagnostics for the wrongful death of her son, Christian Millare. In 2007, Athemãng cầu Diagnostics misclassified a mutation in Millare's gene, which directly resulted in seizure và death in 2008. On June 27, năm 2016, Quest Diagnostics filed a motion to lớn dismiss the case under the statute of limitations for medical malpractice claims.

An example of an intentional tort is the ruling between Gawker và Hulk Hogan on March 18, 2016. Hogan was awarded $140 million due to intentional tort law since it was deemed that Gawker intentionally invaded his privacy lớn obtain đoạn phim evidence of a private act.

Tort Reform

Tort resize in the U.S. has especially focused on lawsuits related to medical claims và healthcare costs, including the unnecessary use of costly medical tests và the high price of drugs due lớn patents.