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¶ … torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law.
An intentional Tort
An intentional tort is a civil wrong that is said to be conducted by an offender who did the act intentionally leading to damage of another person or party. This may include torts like striking a person in a car, which may be termed as a battery tort (Allen, 2011).
Negligence Tort
Negligence tort is a civil wrong involving a person engaging in a civil offense due to negligence. In many cases, it involves a person engaging in a careless act that led to damages to another party. In this tort, liability arises when the court proves that the defendant is negligent or intended to cause harm to the plaintiff (Dempsey, 2011).
1.3 Strict Liability Tort
This civil wrong takes place where the accused had no intention to cause harm or be negligent. This tort is common in the society, such as, when a contractor's act of using dynamite that causes debris to be thrown to another house causing damages of the house. Liability arises from the fact that the society feels it is a dangerous activity and must be punished (Allen, 2011).
2. Describe elements prove defenses
The courts examine various elements in order to prove that a civil act falls in a given tort category. These elements provide a background against which a civil act may be classified and for judgments to be made against the given tort. The elements are used as checklist factors to establish the tort type that has taken place and every tort is classified from these elements....
The elements may be used to prove that the given act is a tort of a given kind (Lloyd, 2005).
In order to prove that a given civil offense is an intentional tort, it must satisfy some conditions/elements. The first element is assault, which may be considered as a voluntary act of causing reasonable apprehension after an offensive contact. The second element of an intentional tort may relate to beatings/battery that is done intentionally. Battery involves impermissible harm or offensive contact with a person or to anything. The aspect of contact is highly emphasized in this context. In other words, a crime involving offensive contact with a person leading to the harm of the other person would be categorized under the intentional torts. The third element of an intentional tort may involve 'false imprisonment'. For instance, a case involving a person being intentionally confined without legal authority may qualify as an intentional tort (Dempsey, 2011).
In addition, the element of 'consent' has been applied to classify a civil action as an intentional tort. This occurs when someone acts without permission in a manner that causes harm, yet he is expected to seek permission. A civil action may also be judged under an intentional act by looking at the element of 'necessity', where the defense of necessity gives the individual property of another, an act committed against the intentional torts of trespass. In other words, 'necessity' induces a privilege because of the private right entitled to someone. The final element that may defend an act as an intentional act is the element of 'self-defense', which may involve civilians taking on an act for the sake of self-defense or defending the lives of others (Lloyd, 2005).
Secondly, to prove that a given civil offense falls under 'negligence tort', some elements are often put into consideration. The first element is that of 'duty of care'. This element may come…
References
Allen, D. (2011). The Evolution of Criminal Law and Police during the Pre-modern. Journal of Law, Economics, and Organization, v. 27, Issue 3, pp. 540-67.
Dempsey, F. (2011). An Introduction to Policing. London: Cengage Learning, 2011. Print.
Lloyd, L. (2005). Introduction to Policing & Police Powers. New York: Taylor & Francis Group.
Lynch, E. (2012). Business Law. New York: Newnes.
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