What are the two basic categories of torts What makes them d

What are the two basic categories of torts? What makes them different? Please give examples of each?

What are the elements of negligence? Be sure to discuss the reasonable person standard and the two kinds of causation.

Solution

What are the two basic categories of torts? What makes them different? Please give examples of each?

What are the elements of negligence? Be sure to discuss the reasonable person standard and the two kinds of causation.

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Ans :

Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others

Following are the two basic categoriries of Tort.

1 ) Intentional Torts :

Intentional torts are typically crime dedicated by a person who challenge or intends to do injury. For intent to live, the person must be conscious that damage will be the effect of the proceed. A ordinary type of intentional tort is attack. Attack refers to an in excess of   challenge to actually harm a person or generate a feeling of fright and worry of injury.

2 ) Negligence Torts :

In negligence the acts leading to injury are neither expected nor intended.This type of tort seen most frequently in education related cases is negligence.

Sr.No

Intentional Tort

Negligence Tort

1

Actions took place because of Intentions

Actions took place because of Negligence

2

Intentional torts are a purposeful act to do harm to another

Negligence is failing to act to rectify a problem that can cause harm to an individual

3

Intentional Tort  includes Battery , Assault , False Imprisonment , Trespassing

Negligence Tort includes Duty , Breach of Duty , Causation , Damages

4

Example : kidnapping , Crime  cases , Civil cases

Example : Auto accidents and slip and fall cases

Elements of Negligence:

1) The defendant payable a duty of care to the applicant. Duty of worry refers to the duty the people owe each other. The duty is not to source any undue risk or hurt.

2) The defendant violate this duty. A violate of duty is when the individual fails to work out care in the terms of how a practical person would act.

3) The applicant suffered damage. damage in terms of damage to applicant  personal property that would consent to him or her to collect financial damages from the defendant.

4) Negligent act by the defendant was the real cause of the applicant damage. The careless act is not considered libelous except cause can be proven. The careless act has to be established and is also called causation in fact.

5) Careless act was a close cause of the applicant damage. Accountability falls on the anticipated consequences of the defendant’s careless act. This is a chain of events that is caused by the inattentive party when the party is no longer officially responsible for the penalty of his or her actions.