Tort law

Введение.

The scope of application of the rules of tort law is extremely wide. The employee can sue the employer for lack of safety conditions in the workplace, the consumer can call the manufacturer to account for poor-quality goods.

In other words, tort law regulates cases where the actions of one person lead to harm to another person. Violation of the obligation by a person that caused harm is an offense or tort.

Tort law provides remedies for actions that cause physical harm or threaten personal safety and freedom, the private life of a person, his reputation, dignity, family relations, as well as damage to his property.

The two sides of tort law are damage and compensation.

What is Tort law?

Tort law is an area of law that protects people from the bad actions of others. When a person commits a tort, he violates civil law. If a person has suffered from someone else's illegal act, he can bring a claim to the court for damages against the person who committed the tort. The purpose of tort law is to guarantee compensation for damage caused by the perpetrator, not the victims.

Torts are not crimes.

A tort can be a crime. However, tort law is not criminal law. Tort law gives a victim a civil remedy in the courts. Sometimes, a tort is also a crime. Whether or not the state pursues criminal charges, a person can pursue a civil remedy in the courts.

A litigant doesn’t need the permission of a prosecutor or a district attorney in order to initiate a court action. Instead, they draft a complaint. That’0s a document that lists what the other party did wrong. It asks for the relief that’s allowed under the law. A tort action begins when the person files the claim in a court.

Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both current and future expected losses.

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.

Torts fall into three main categories: intentional torts (Assault, battery, intentional infliction of emotional distress, false imprisonment); negligent torts (Car accidents, medical malpractice, slip and falls, falling objects); and torts of strict liability (person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.). Intentional torts are those misdemeanors that the defense attorney knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of caution of the defendant, but are established when a particular action causes damage. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.

The burden of proof.

Civil cases are usually easier to win than criminal cases. That’s because civil cases typically have a lower burden of proof for the plaintiff. They often have to prove their case only by a preponderance of the evidence rather than beyond a reasonable doubt. In addition, a civil jury may not have to find its verdict unanimously. Some states allow a civil jury to render a verdict even though some jurors disagree about the correct result.

Вывод.

Tort reform in the U.S. has focused on lawsuits related to medical claims and healthcare costs, including the unnecessary use of costly medical tests and the high price of drugs due to patents.

Литература.

Лебедева А.А. Английский для юристов. 2015. Юнити. Москва. [Электронный ресурс] URL:https://biblioclub.ru/index.php?page=book_red&id=114706.html.