TORTS

TORTS

Tort is a wrongful act that causes injury to a person or property and for which the law allows a claim by the injured party to recover damages through compensation . The civil law concerning torts attempts to remedy injuries suffered by individuals or corporations by forcing the party who caused the harm to compensate the victim . To recover damages under any tort claim , the injured party must show that some improper conduct by the defendant caused the plaintiff 's injury . Improper conduct refers to the defendant 's breach of a legal

duty (the societal requirement that obligates an individual to act in a certain way . An individual 's legal duty varies depending on the circumstances . Where the plaintiff can show that the defendant 's improper conduct caused the plaintiff harm , the law says that proximate causation exists

Torts are generally classified as either intentional or resulting from negligence . The core element in an intentional tort is an intent , or purpose , to cause harm to another . On the other hand , negligence refers to the failure of a person to act according to what the society expects him to be and cause harm to others

According to the law , someone has intent , if he desires to cause the result of his act . Or it can be that if the consequences are considerably certain to result from the act . Intentional torts can be further classified as either against to person or against to property When a person causes someone to fear physical contact such as punch that person committed assault . If he does the threat , that is punch the other person , that is battery . Another intentional tort against a person is false imprisonment , that is , restraining someone or keeping him in a place against his will . Not included is the accidental confinement , then it must be addressed under strict liability . On the other hand , if someone brings a groundless criminal proceeding against the other commits malicious persecution . The last for the tort against person is the intentional infliction of emotional and mental distress . This happens when a person causes mental distress to the victim through his actions or words . The existence of physical manifestation for the mental distress is not required in some states . On the other hand , intentional torts against property contain trespass to land , trespass to chattel and conversion . Strict liability and nuisance may also be considered under this category . Trespass is an unlawful interference with another 's property . Trespass against land consists of interference with the exclusive possession of another 's real property . Although the intention might not really be to interfere but to just transfer to a specific geographic location , a person might still be considered a trespasser if he sets foot on a real property . However , trespassing is not just bounded by the presence of the person in the property . This is the case of physical intrusion , that is , when a person throws , puts , or leave something in a private property , be it a small stone or...