PO210 Week 5 Tort Law PDF

PO210 week 5 chapter 5: Tort law September 30, 2024 2:01 PM   **Definition of Tort:** - A tort is a civil wrong that causes harm or loss, leading to legal liability for the party at fault **Types of tort:** - [Intentional tort:] *deliberate actions intended to cause harm (assault,...

PO210 week 5 chapter 5: Tort law September 30, 2024 2:01 PM   **Definition of Tort:** - A tort is a civil wrong that causes harm or loss, leading to legal liability for the party at fault **Types of tort:** - [Intentional tort:] *deliberate actions intended to cause harm (assault, battery, defamation)* - [Negligence:] *failure to exercise reasonable care, resulting in harm to another person (e.g car accidents)* - [Strict liability:] *liability imposed regardless of fault, often in cases involving hazardous activities or defective products*   **Elements of negligence**:   - [Duty of care:] the obligation to act with reasonable care towards others. - [Breach of duty:] failure to meet the standards of care expected in the situation - [Causation]: establishing a direct link between the breach and the harm suffered. - Actual cause: the actual cause of the injury - Proximate cause: the foreseeable cause of the injury - [Damages:] actual harm or injury that occurred **Defenses to Tort Claims:** - [Contributory negligence:] if the plaintiff contributed to their own injury, it may limit or bar recovery - [Comparative negligence:] allocates fault between parties, reducing damages awarded based on the percentage of fault - [Consent:] if the injured party consented to the risk of harm. **Damages in tort cases:** - [Compensatory damages:] compensation for actual losses, including medical expenses - [Punitive damages:] awarded to punish the wrongdoer and deter future misconduct, typically in cases of gross negligence or intentional harm. **Social function of tort law:** - Discusses how tort law serves to enforce societal standards of behaviour, hold individuals accountable for their actions, provide remedies for victims