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Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

1,093 Questions

What is the difference between intentional tort and unitentional tort?

An intentional tort is something that is done with directed intent. Basically, something someone does to hurt someone intentionally as opposed to accidentally-which would be a tort of negligence. The article below goes into more detail about intentional torts and the various types.

Can an incidental beneficiary sue directly to enforce a promisee's promise?

No. Only intended beneficiaries and contract parties can sue for breach of contract.

Can you sue for being sucker punched?

No you can't sue for being sucker punched.

Is negligence an intentional tort?

No. Put simply, the tort of negligence arises when somebody (1) has a duty of care towards others, (2) breaches that duty by engaging in conduct which falls below the relevant standard of care and (3) causes harm to another person (technically, causation and damages are analyzed separately, but I'm trying to keep this simple).

All that's required for negligence is carelessness. Whether or not the tortfeasor intended to cause harm to anybody is totally irrelevant.

What are the remedies for land trespassing?

If the trespassser refuses to leave (usually in a situtation where they believe that they own the land, but do not), you can sue to have them ejected.

Trespass is one of the few torts which is considered to be "actionable per se", meaning that the law deems you to have suffered an injury the instant the invasion of your property occurs, whether or not the property is actually damaged. This is based on the common-law principle that one's land is absolutely inviolable.

Accordingly, if a person enters your property without your permission, and causes absolutely no physical damage, you can still sue them, because you suffered a legal wrong the instant they trespassed. However, you are likely to recover only "nominal" damages, meaning the court will recognize that your legal rights have been violated, but since you suffered no physical or economic harm, order the defendant to pay you a very small sum (awards of $1 are not uncommon in these cases).

Of course, if the trespasser actually causes physical damage to your property, you can sue to recover for those damages.

What constitutes a tort?

A tort is an injury or civil wrong doing. In order to prove guilt in tort law, one must prove a series of things. The article below describes the elements of tort law and proving them. Torts are either torts of negligence or torts of intent. Basically the injury or death was intentional or unintentional.

What are the three principal aims of tort law?

The three principal aims of tort law are to compensate individuals for harm done to them by the actions of others, to deter wrongful conduct by imposing liability on wrongdoers, and to restore the injured party as closely as possible to the position they were in before the tort occurred.

What theories can be used to establish negligence?

Some common theories used to establish negligence include the "reasonable person" standard, which evaluates whether a person's actions were reasonable in a given situation; the "duty of care" concept, which assesses whether the defendant owed a duty of care to the plaintiff; and the "breach of duty" principle, which examines whether the defendant failed to meet the required standard of care. Additionally, the theory of "proximate cause" is used to determine whether the defendant's actions directly caused the plaintiff's harm.

Is false imprisonment a tort?

Yes, false imprisonment is a tort. It is the intentional restraint of an individual's freedom of movement without justification or consent. It involves the confinement of a person within a defined area against their will.

What is a legal tort?

A legal tort is a civil wrong doing. Basically, tort law applies to physical and emotional damage that is done to another person as a result of negligence. Below is an article that further describes tort law and the elements that must be present to prove a case.

What kind of tort is medical malpractice?

Medical malpractice is a negligence tort. These cases are typically brought taken on by personal injury lawyers. The things that must be proven in medical malpractice cases are:

  • The medical practitioner owed a certain duty of care
  • The medical practitioner breached this duty of care
  • You were injured as a result of this breach
  • As a result of the injury, you incurred damages

The article link below goes into more detail on medical malpractice cases.

Can kids sue people?

No. They can only get their guardian to sue the other person for them.

What are elements of tort?

The elements of a tort are the presence of a duty, the breach of duty, occurrence of an injury, and breach of the duty.

What are the types of tort?

The four main areas of tort law (based on AUSTRALIAN legal principles) are Nucience, Negligence, Defamation and Tresspass. Negligence is where a duty of care to a party has been breached by a second party Nucience is where a party interrupts the right of another party to quiet enjoyment of their property Defamation is the tort that covers a persons implied right to a good reputation Tresspass refers to the right of a person to private enjoyment of their property (i'm pretty sure) I am unsure wether this is the same in the country where you are, but these are the four civil torts that apply in australia. Please check before using this information :)

Are personal loans taxable as income?

No, since loans are not income (even if the obligation is cancelled, there is no taxable event as a result).

Also, the interest in personal loans may NOT be written off of taxes (unlike that of first and some second mortgages).

If you were walking across the street and hit by a car what could you sue the person who hit you for?

if it was their fault and you were injured at the scene of the accident...your injury expenses form hospital ect, and any damage to personal [property

How do you file a lawsuit for a slip and fall injury if you were intoxicated at the time of the injury and what kind of attorney will handle the case?

Slip and fall lawsuits are very complicated. Merely slipping and falling on someone else's property does not necessarily mean that they are legally liable for your injures. You will have to prove that the landowner or operator of the premises was negligent, and that their negligence caused your injuries. Furthermore, you will have to show that your intoxication did not cause your injuries. Because of the complexity of your case, you will need to consult with a personal injury attorney.

To ensure the best outcome for your case, I suggest you work with a personal injury attorney who has a significant part of his or her practice dedicated to premises liability (slip-and-falls). You can find these attorneys in your local phonebook, online, or by contacting your state's bar association.