Tort Law

Assignment : In our legal system we value the belief that a civil wrong (tort ) should be remedied by the payment of money to the injured or aggrieved party

Tortious liability arises from the breach of a duty primarily fixed by law this duty

is towards persons generally and its breach is redressible by an action for

unliquidated damages

THE definition above provides us a more structured perspective of torts since it lays down three elements for tortuous liability , namely that (1 ) there is a legal duty imposed upon persons and (2

) such duty is generally owed to any person who may have a cause of action based on that tort . Lastly (3 ) the aggrieved must be entitled to damages from such breach of duty

A tort or quasi-delict is any act or omission is a violation of the civil rights of another person and in turn , causing the other party damage . It can be committed either through negligence (lack of care ) or through imprudence (lack of foresight . Based on the manner that a tort may be committed , there is therefore the absence of malice or evil intent . Thus , the law treats torts of a lesser degree than felonious acts since the injury or damage that it produces is less grave than that of crimes

The present legal system equates injury incurred in tortuous acts to be paid in the form of damages , whether they be compensatory or vindictive in nature and are usually expressed in the payment of money

Since there is no intent to commit the wrong produced by the tort , the payment of money appears to be the best method available for injury that cannot be anymore undone or restored . However , the quantification of such injury in monetary terms still remains subjective and proceeds from the sound discretion of the tribunal that awards the corresponding damages

Liability arising from tortuous acts traces its origins from English common law . However , what most people perceive as the law on torts is merely an amalgam of common law principles with respect to a person 's obligation to avoid causing injury to others . There is no clear law on torts per se . The foundation for its liability can be taken from certain provisions of the Constitution and civil law . Thus , the discussion of torts will likewise touch on the discussion of common law principles such as res ipsa loquitur or the last chance doctrine

Nature of torts

As a whole , the main concept of having tort laws focuses on two main concerns , namely to serve as just compensation to a person who has suffered from a wrong committed by the tortfeasor , and to provide as deterrent to such tortfeasor from acting exercising his rights and privileges under the law to the detriment of his peers

The payment of tortuous liability is a form of financial compensation for the aggrieved party . From a general standpoint , there appears to be no question for with respect to payment of money to compensate for injury...