Tort law is a branch of civil law that addresses legal wrongs committed against individuals or entities, causing harm or injury. It seeks to provide remedies for victims of such wrongs.
Key Characteristics / Core Concepts
- Negligence: Failure to exercise the care that a reasonable person would exercise in a similar situation, resulting in harm.
- Intentional Torts: Acts committed knowingly and purposefully, causing harm (e.g., assault, battery, defamation).
- Strict Liability: Liability without fault, typically applied in cases involving dangerous activities or products (e.g., defective products).
- Damages: Monetary compensation awarded to the injured party to compensate for their losses (e.g., medical bills, lost wages, pain and suffering).
- Duty of Care: A legal obligation to act reasonably towards others to avoid causing harm.
How It Works / Its Function
Tort law operates on the principle that individuals have a right to be free from harm caused by the wrongful actions of others. When a person suffers harm due to another’s negligence or intentional act, they can file a civil lawsuit to seek compensation for their losses. The court will determine if the defendant owed a duty of care to the plaintiff, whether that duty was breached, and whether the breach caused the plaintiff’s harm.
Examples
- A car accident caused by a driver’s negligence.
- A slip and fall injury on a property owner’s negligently maintained premises.
- Defamation of character through false statements published online.
Why is it Important? / Significance
Tort law plays a crucial role in deterring harmful conduct and compensating individuals for injuries they suffer. It promotes accountability and helps maintain social order by ensuring that those who cause harm are held responsible.
Related Concepts
- Civil Law
- Criminal Law
- Contract Law
Tort law is a cornerstone of civil justice systems worldwide, providing a framework for addressing harm and promoting fairness.