TORT LAW

Tort Law

Tort Law

Introduction

The word tort has been derived from the Latin word "tortum" which means to twist. In general, it means conduct that adversely affects the legal right of others and is thus, "wrong". For a healthy society it is necessary that it be free of anti-social elements and that an individual should have freedom to exercise his rights without being restricted by others (Elliot & Quinn 2005, 92).

Further, if there is a transgression of any right, there must be a way to compensate or to restore the right. This is essentially what the maxim, restoration and compromise implies. Where ever there is a right, there is a remedy. Indeed, a right has no value if there is no way to enforce it. Such rights of individuals primarily originate from two sources - contractual obligations and inherent rights that are available to all the citizens against every other citizen, also known as rights in rem. While the violation of contractual right has clear remedy that arises from the contract itself, the violation of rights that are available to all the persons in general does not have a clear remedy because there is no explicit contract between the two parties. Such violations are called wrongs and it is for such wrongs that the law of torts has been developed.

The simple definition of the word tort is a wrongful act or behaviour. To be more precise, a crime was committed when physical, financial or psychological injury was caused against another party, regardless of the act is voluntary or involuntary. When a crime is committed against a medical patient, the injured party has the legal right to hire a lawyer, medical malpractice (to bring proceedings against the author damage (Danzon 1984, 115). 

Medical malpractice and medical negligence are just two examples of major categories of tort. Tort reform measures were adopted in California in the 1970s due to a jump in the cost of insurance against medical malpractice. Caps were placed on victim compensation, and limits on contingency fees for personal injury lawyers were also established. 

Tort reform refers to the idea that laws should be adopted by a state or federal government to limit the amount and / or the type of prices that are given to some inoffensive phrase. Through, poll reform returns made to diminish the rights of the person must request a fair compensation for a crime. Application of a statute of limitations on the amount of time that you must file a malpractice claim is internal the best example known of the liability reform is another example. With limited dollar amounts that have been implemented to limit the amount of damages.  The so-called reform places limits on the amount of liability than negligence or wrongful conduct is legally banned. Large companies and insurance companies are the strongest supporters of tort reform (Elliot & Quinn 2005, 92).

Negligence

Negligence defined. Negligence is the malfunction to use that stage of care needed under the circumstances to avert damage to ...