Tort Law (Essay Sample)

Tort Law
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Introduction
Tort law is a law that offer remedy to an individual harmed by unreasonable actions of other individuals. Tort claims usually involve the state law, and they base on the legal premise that individuals involved are liable for the consequences associated with their conduct if it results in injury to others. (Steele, 2007). Torts are subject to civil actions by individuals against another individual for compensatory damages. The person who brings the tort claim, that is, the injured party is called the plaintiff. The individual accused of causing the harm is known as the tortfeasor. For the plaintiff to be compensated of their damages under any tort claim, they must support a claim that improper conduct by the tortfeasor caused the injury by providing evidence. There are two main categories of torts: intentional and negligence
Intentional Torts
Intentional torts are the offences committed by an individual with the intention of harming another person or other individuals. The individual is aware that their actions will result into injury. An example of an intentional tort is assault and battery. Assault refers to an overt attempt to either injure a person physically or to create a feeling of fear and apprehension of injury in an individual. Another example of an intentional tort is false imprisonment. This means that an individual unlawfully restrains another person against their will. Malicious prosecution is another type of intentional tort. In this tort, the tortfeasor knowingly brings a groundless criminal proceeding against another individual. Other intentional torts are trespass and conversion. Trespass is an unlawful interference with an individual’s property. The intent to trespass can be indirect.
Negligence Torts
Negligence torts are the actions committed by an individual leading to injury which is unexpected or intended. Negligence torts focus on the relationship between the actions involved and their consequences and the responsibility for the harms of one’s carelessness caused to other individuals. They include malpractice, emotional distress and distinctive defenses to negligence. Negligence tort has the following elements: the first element is the duty to protect; it is a clear part of an individual’s responsibilities. An individual has a duty to anticipate and foresee dangers and take the necessary measures or precautions to protect others under their care. This is especially when an individual’s duties include supervision, maintenance of equipment and facilities and the heightened supervision of high risk activities. The second element is when an individual does not exercise reasonable care in their duties to protect the other individuals. If an individual fails to exercise reasonable care to protect others from injury, then the individual is negligent. Courts in negligence cases will assess the individual’s conduct on how a reasonable individual would have acted in a similar situation. The depth of the care exercised by a reasonable individual is determined by; experience and training attended by the person in charge, the age of the injured person, the type of the instructional activity, the presence or absence of the supervisor and the injured person disability if it exists. The third element is the proximate care, that is, whether there was a link between the breach of the individual and the injury. This means that an individual failed to exercise a reasonable care (the second element), and it is this breach of duty resulted to the injury. This element hinges on the concept of anticipation of possible injury or harm. The court will try to determine the cause of the injury or harm and ought to anticipate light to the attendant circumstances. The final element is the actual injury. Though the injury does not need to be physical, it must be reasonable as opposed to imaginary (Geistfeld, 2008).
There are two types of negligence: subjective negligence and objective negligence.
Subjective Negligence
Subjective negligence is the intentional harm caused by an individual to others. If an individual intends the harmful consequences of their actions, then it results to deceit or recklessness.
Objective Negligence
The objective negligence is the unintentional fault or harm caused by an individual to others. It is not a state of the mind, but a type of conduct, where an individual fails to take proper care. In this case, taking care means that an individual has to take the necessary precautions against the harmful results of their actions. It means that there was no intent...