TORT LAW

Tort Law



Tort Law

Introduction

In the given case, the law apply is the tort law since it is a damage to someone's reputation. To discuss, we first have to identify what the tort law actually is.

The tort law is the manifestation of common law that allows individuals to shift the burden of a civil harm from the initial bearer to the one who is responsible and deserving party. It falls under the private, rather than the public, sector of law. Tort law is properly understood as a common law system of corrective justice. Tort cases aim to correctly allocate responsibility for burdens. The rules of tort liability dictate that an individual's losses can be shifted to another party, overcoming the initial legal presumption that the victims should bear the losses themselves. Initially, losses lay where they fall, and “specifying the conditions under which [this] presumption can be overridden make up the body of tort law.” The purpose of tort law, then, is to correct for unjust distributions of burdens. The qualification “unjust” here refers to an initial distribution that is not in accord with the responsibility of the individuals involved for the very existence of the burdens. Tort law is ruled by an overarching principle of respect for individual responsibility. This principle is evident in such defences as assumption of risk and contributory negligence (Linda 2008, 390).

There may be two situations of the damage caused. Whether it is caused intentionally or the damage is created in negligence. The tort law in both situations is described below:

The crime of negligence provides a cause of action that leads to damage or for relief in each case to protect the legal rights, including property, security personnel, and cases of intangible economic interests. Negligence actions include claims mostly from traffic accidents and personal ...