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However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability.
Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state. For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable.
As demonstrated, tort law is multi-faceted. It includes both intentional...
Furthermore, to establish negligence, one must demonstrate a harm, a duty, failure to meet a standard of care, that the harm was reasonably foreseeable, and that the wrong was the cause of the harm. While many people call for tort reform, and tort law does create opportunities for abuse of the legal process, torts are an effective way of shifting liability from an innocent victim to a wrong doer.
Works Cited
Coleman, Jules. "Theories of Tort Law." Stanford Encyclopedia of Philosophy. 2003. Stanford
University. 10 May 2005 http://plato.stanford.edu/entries/tort-theories/.
Hill, Gerald and Kathleen Hill. "Tort." The Real Life Dictionary of the Law. 2005. Law.com.
10 May 2005 http://dictionary.law.com/default2.asp?selected=2137&bold=||||.
Tort." Merriam-Webster's Dictionary of Law. 1996. Findlaw. 10 May 2005 http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=71/71cf401e8052ec0c1c26e498c20fb9c3.
Works Cited
Coleman, Jules. "Theories of Tort Law." Stanford Encyclopedia of Philosophy. 2003. Stanford
University. 10 May 2005 http://plato.stanford.edu/entries/tort-theories/.
Hill, Gerald and Kathleen Hill. "Tort." The Real Life Dictionary of the Law. 2005. Law.com.
10 May 2005 http://dictionary.law.com/default2.asp?selected=2137&bold=||||.
Tort." Merriam-Webster's Dictionary of Law. 1996. Findlaw. 10 May 2005 http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=71/71cf401e8052ec0c1c26e498c20fb9c3.
Wrongful Conviction of James Henry Henry James was only 19 years during his conviction for rape that he did not commit. It is after thirty years imprisonment that the realization of his innocence emerges thereby keeping it free. This case is a good example of the importance of evidence in the proceedings of a case. The imprisonment of the innocent man arose because of the little evidence that he had against
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or
The text by Neville & Lokuge (2006) reports to the evolving status of this question since the rash of birth defects caused in the 1970s by the Thalidomide drug. These events would give way to what Neville & Lokuge call a 'novel' legal question. Its novelty, the article suggests, may be the primary reason that courts of have decided with inconsistency how best to address 'wrongful life' and 'wrongful
Tort reform has been on the lips of politicians and attorneys for many years. In the United States, it is a contentious political issue with strong feelings on both sides of the issue. U.S. tort reform advocates propose procedural and time limits on the right to file claims as well as capping the amounts of damage awards. The supporters of the existing tort system argue that the reformers have misrepresented
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Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party