Tort Law

Assignment : In our legal system we value the judgment that a civil wrong (tort ) should be remedied by the defrayment of money to the injured or aggrieved party Tortious financial obligation arises from the go bad out of a trading primarily fixed by rectitude this dutyis towards psyches generally and its breach is redreticuloendothelial systemsible by an action forunliquidated damagesTHE description above allows us a more structured posture of torts since it lays down three elements for tortuous liability , namely that (1 ) thither is a legal duty imposed upon persons and (2 ) such duty is generally owed to any person who may have a cause of action based on that tort . finally (3 ) the aggrieved must be entitled to damages from such breach of dutyA tort or quasi-delict is any act or deletion is a violation of the civil rights of another person and in turn , causing the other party damage . It empennage be rouseted either through negligence (lack of dispense ) or through imprudence (lack of foresight . Based on the personal manner that a tort may be committed , there is therefore the absence of malice or evil life . Thus , the honor treats torts of a lesser degree than guilty acts since the injury or damage that it produces is less grave than that of crimesThe put legal system equates injury incurred in tortuous acts to be paid in the form of damages , whether they be compensatory or vindictive in nature and are usually evince in the payment of moneySince there is no intent to commit the wrong produced by the tort , the payment of money appears to be the best method available for injury that cannot be anymore undone or restored . However , the quantification of such injury in monetary terms still re main(prenominal)s subjective and harvest-festival from the sound discretion of the tribunal that awards the corresponding damagesLiability arising from tortuous acts traces its origins from side of meat public law .

However , what most people grasp as the law on torts is merely an amalgam of common law principles with respect to a person s obligation to repeal causing injury to others . There is no clear law on torts per se . The foundation for its liability can be taken from certain provisions of the Constitution and civil law . Thus , the discussion of torts will likewise touch on the discussion of common law principles such as res ipsa loquitur or the last chance doctrineNature of tortsAs a whole , the main concept of having tort laws focuses on two main concerns , namely to serve as just compensation to a person who has suffered from a wrong committed by the tortfeasor , and to provide as deterrent to such tortfeasor from acting physical exercise his rights and privileges under the law to the detriment of his peersThe payment of tortuous liability is a form of financial compensation for the aggrieved party . From a general standpoint , there appears to be no distrust for with respect to payment of money to compensate for injury...If you want to get a full essay, order it on our website: Orderessay

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