Tuesday 31 March 2015

What are some ideas regarding the question of intentional tort in case study?

The question, paraphrased, is a request for some examples of intentional torts which may be illustrated through case studies.


To start, the definition of "tort" in general, is:


"a civil wrong which may be redressed by the awarding of damages."


The Cornell site from which this definition was taken provides an excellent summary of types of torts and relevant law.  The concept of tort is centered around the causing of harm to someone, either physical...

The question, paraphrased, is a request for some examples of intentional torts which may be illustrated through case studies.


To start, the definition of "tort" in general, is:


"a civil wrong which may be redressed by the awarding of damages."


The Cornell site from which this definition was taken provides an excellent summary of types of torts and relevant law.  The concept of tort is centered around the causing of harm to someone, either physical harm, damage to their property or reputation, or financial loss to them.  As such, intentional torts are those where you knew that harm was to be caused by your action, and in fact the desire to cause harm was your motivation for the action.  Other types of tort are negligent (you didn't want harm to occur, but you should have known it would happen) and strict liability (the law has decided that responsibility for a certain result will lay upon a specific party in certain situations).


Also note that the concept of tort is related to civil law, as opposed to criminal law.  In tort lawsuits, awards can be intended to compensate the victim as well as to punish the wrong-doer, but in either case the victim (plaintiff) gets to keep the awarded amounts.  Conversely, under criminal law, penalties of jail, probation, and/or fines are levied on the wrong-doer, but money from fines in general go to the government ("society" at large) rather than the victim.


A good case study might be the events surrounding the O. J.Simpson murder trial.  Even though the criminal proceedings did not result in conviction or jail time for Mr. Simpson, the ensuing civil lawsuits for the tort of killing Mrs. Simpson and Ron Goldman were successful. This highlights another aspect to address in a good case study, namely that the rules governing civil suits are different from those governing criminal trials.  A nice summary of these can be found in the law.freeadvice.com reference below.

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