Someone who commits a Tort. A tort is a civil action brought when someon damages another person or their property. Accidents or medical malpractice claims are a type of tort.
In the law of torts, the person who commits a tort is not so much "punished," as the "victim" is compensated or made whole. Unlike criminal law, where the purpose is to punish people for their wrongdoings according to their blameworthiness and vindicate the values of society, tort is primarily about correcting wrongs done to individual victims. Now, normally, this is done in an imperfect way: the tortfeasor pays the victim money. I say that this is imperfect because normally a tort victim has been harmed in some physical way (like the loss of a limb) that cannot be replaced by money alone. However, tort law aims to calculate the total value of the loss and to make the tortfeasor compensate the victim for that loss. In this sense, then, tort is about redistributing loss: taking away from the tortfeasor and giving to the victim. Again, the emphasis is on making the victim "whole." Every once in a while, however, someone will commit a tort that is very egregious, and is part of a systematic risk taken for economic gain. In this case, "punative" damages may be in order which are a form of punishment and do take on a role similar to criminal law. These punitive damages are given to the victim, over and above the compensatory damages, and are always monetary in form.
No, not all injuries or losses result from a tort. A tort requires that someone else's intentional or negligent actions caused the harm. If the harm was caused by natural events or by the injured person's own actions, it may not be considered a tort.
Yes, a tort can also be a crime. For example, if someone commits assault (a tort) against another person, it can also be charged as a criminal offense by the state. This means that the person may face both civil liability for the tort and criminal prosecution for the crime.
A tort is a wrongdoing committed against a person by another. It may be direct or indirect, so a direct tort would involve someone committing a wrongful act directly against another person or people.
No, you cannot. A tort is a civil wrong for which you may be liable to another person for damages. It is not a criminal wrong punishable under the criminal law. Added: Some torts may also be criminal offenses, though. For example, murder is a crime, but you can also be sued in tort for wrongful death in addition to being prosecuted criminally.
In French, the name Shantel may be spelled Chantel. In Spanish, it may be spelled Chantel or Chantal. In German, it may be spelled Schantel.
Yes, spreading harmful and false information about someone can be considered defamation, which is a type of tort. If the gossip damages the person's reputation or causes them harm, they may have legal grounds to sue for defamation.
Good Eats - 1999 Tort--- illa Reform 10-1 was released on: USA: 3 May 2006
Tort law is a body of law that addresses and provides remedies for civil wrongdoings not arising out of contractual obligations. A person who suffers legal damage may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Tort law spans intentional and negligent acts. Tort law has three purposes. The first is to compensate the victim, the second is to punish the wrongdoer, and the third is to deter harmful activities. The two basic categories of torts are intentional torts and negligent torts.
Maybe. Typically, traffic violations are misdemeanor criminal offenses, but this varies from place to place. However, the act of committing a traffic violation may lead to a presumption of negligence, which is a civil tort.
Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.
Whether gossiping results in a tort depends on the nature of the gossip itself. Opinions expressed are protected under the freedom of speech, but facts that are can proved or disproved may result in libel or slander. So gossips about a specific action or deeds that the said person may or may not have done can result in a tort, while opinions about the ethics of such an action may not.