Law of Tort

Law of Tort

The law tort states that any person who is unable to perform his duties according civil laws is subjected to compensate for the damages that occur to the victim. This is just one example of tort. Other examples include incidents like when there is an activity of interference in trade, defamation of a person, initiating a prosecution that involved malicious intentions, using third party's copy rights or trademarks (Gillhams Solicitors).

Negligence

There was a simple contract between the Potters tree services and the defendant, Jimmy that he will obey the instructions of the company. It was a simple contract as the instructions were communicated to the defendant orally. But jimmy committed a breach of contract by ignoring the oral instructions of the other party which was Potters tree service. Whenever a person is negligent or commits breach of general duty and simple contract by not performing the job as prescribed by civil law, he is supposed to be dealt under law of tort. The act of not doing the duty as required by the civil law is known as tort. The nature of torts can be explained with the help of examples like a person getting hurt in road accident, patient getting hurt due to negligence on the part of the doctor or trespassing of the land. In some cases the victim has to provide with enough proofs so that he can get paid for the injuries or damages. For instance in cases where patients are mistreated or give wrong medication, victim can easily provide evidence by showing the harm or damage. But in cases like trespassing of the land, requirement of evidence is not necessary as no harm or damage has been done. There is a big difference in the nature of crime and tort. In crime the person convicted has to be punished according to the law. Additionally, there are two parties involved in the act of crime that are the wrongdoer and the state. The aim of the law against crime is to punish the person or the wrongdoer. In case where a tort is committed, there is no involvement of the State but only wrongdoer and the victim. The law of tort provides the person injured or the victim with a right to claim for the damages. This line of distinction between tort and crime becomes very blurred at times. As now there is additional provision for people getting hurt in a crime, where the criminal is penalized financially and has to bear for the damages caused to the victim by means of money. One example of such incident is a car accident where a person involved can be convicted for careless driving under criminal law and also held responsible for committing a tort by injuring a person due to his negligence. The main principle behind the law of tort is that the claimant can claim for the damages. The damages can be divided into following types depending upon the nature of the incident ...