Tort Law

Tort law is a branch of civil law that addresses situations where one person’s wrongful act or omission causes harm or loss to another, resulting in legal liability for the wrongdoer. The primary purpose of tort law is to provide compensation to the injured party, typically through monetary damages, and to deter harmful conduct by holding individuals accountable for their actions.

Key Features of Tort Law

• Civil Wrongdoing: Tort law deals with civil, not criminal, wrongs. It is distinct from contract law, which governs disputes arising from agreements between parties.
• Categories of Torts: There are three main categories:
  • Intentional Torts: Acts committed deliberately to cause harm, such as assault, battery, defamation, or false imprisonment.
  • Negligence: Failure to exercise reasonable care, resulting in harm to another, such as in car accidents or medical malpractice.
  • Strict Liability: Liability imposed regardless of fault, typically in cases involving inherently dangerous activities or defective products.
• Compensation: The main remedy in tort law is monetary compensation for losses, including medical expenses, lost income, and pain and suffering.
• Legal Process: Tort cases are usually tried in civil courts, often before a jury, and are governed primarily by state law in the United States.

Examples of Tort Cases

• Intentional Tort: A defamation lawsuit, such as Johnny Depp v. Amber Heard, where one party alleges harm to their reputation.
• Negligence: A medical malpractice case where a surgeon amputates the wrong limb, causing harm to the patient.
• Strict Liability: A lawsuit against a manufacturer for injuries caused by a defective product, regardless of whether the manufacturer was negligent.

Tort law establishes standards of conduct for society and provides a legal mechanism for individuals to seek redress for harms caused by others.