Tort Law
Tort law focuses on the determination of legal accountability for a person accountable for injury against another person. It also focuses on the resolution of the compensation the injured party should receive. The three basic categories of tort law are intentional torts, negligence, and strict liability (Brennan, 2017). The first category, intentional torts, arises when there is purposeful conduct resulting in injury or damage. A fight that results in bodily harm to another party is an example of this tort since it encompasses intentional hurt to another person. The second category is negligence, which arises when an individual fails to follow a specific code of conduct, leading to harm to others. The liable party does not adequately focus on the rules that govern public behavior. The final category is strict liability, which focuses on the imposition of responsibility to the wrongdoer without proof of negligence or intentionality. Defective products are an example of strict liability since the wrongdoers are liable despite intent.
There are four elements necessary for the presentation of a prima facie case of negligence. The first is the duty, which represents the legal requirement for the specific activity (Brennan, 2017). The second element entails the breach of duty, which constitutes an individual flouting the obligation placed upon them, consequently leading to adverse interactions between them. The third element is the proximate cause, which entails identifying the legal cause of the injury based on the actions undertaken by the liable parties. The final element is damages, which involves the identification and proving of damages incurred. A negligence case will begin with the identification of the duty followed by the specific breach of the duty. The next step will then focus on the identification of the cause of the damages, with the culmination of the process being the calculation of the payable damages based on the interactions between the various parties.
References
Brennan, C. (2017). 1. Tort and the tort system: General overview. Tort Law Concentrate. doi:10.1093/he/9780198803904.003.0001