Vikas Kedia

Torts
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Tort law provides remedies for, civil wrongs not arising out of contractual obligations.^[1]

A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible,
or liable, for those injuries.

Tort law defines:
1. What constitutes a legal injury and
2. Establishes the circumstances under
which one person may be held liable for another’s injury.

Tort law encourages broad distribution of losses.

Under the writ of tresspass the court did not care if the defendant was under fault.
The following cases show how the “under fault” doctrine has progressed:
1. Anonymous – Here the court says that fault does not matter. This is very harsh.
2. Weaver vs ward
3. Brown Vs Kendall
4. Cohen Vs Petty – Here the court says that fault matters. Since the driver is not at fault and hence not liable.

Strict liability – Liability without fault.

Two categories of Torts:
1. Un-Intentional Torts,
    If a man does a thing he is bound to do it in such a way that by his deed no injury or damage is inflicted upon others.
    If a soldier is shooting and some one runs infront of the bullet then it is not negligence.
    Negligence requires duty of care required to be owed to the plaintiff.
    Ordinary care vs Extra Ordinary care.
2. Intentional Torts.
    2a. Against the person
  
     2ai. Assault: Intentionally and voluntarily causing the reasonable
apprehension of an immediate harmful or offensive contact. Assault
protects against mental disturbances. It does not require fear of
contact.
            The courts have been reluctant to protect extremely timid individuals from exaggerated fears of contact.
        2aii. Battery: Intentionally and voluntarily bringing about an unconsented harmful or offensive
contact with a person or to something closely associated with them
        2aiii. False imprisionment
        2aiv. Interntional infliction of emotional distress
        2av. Fraud
        2avi. Slander and libel.
    2b. Against the property
        2bi. Tresspass to land: Entering someone’s land without permission.
        2bii. Tresspass to chattels: Handling items owned by another without permission.
        2biii. Conversion: Taking possession of someone else’s property with the intent not to return it.

It is important to identify the standard of care which a reasonable person would render.

In contrast to
criminal law (in which the offense is against the State and the State
is the plaintiff), in tort law, the offense is against a person and
that person is the plaintiff.