Civil Law Cases: All You Need to Know about Tort Law

Law Blog

As many people know, sometimes people must be forced to follow through with what is right. And there are also people that try to do the right thing, but simply get caught within a bad situation in which they are unsure of the extent that they may or may not be at fault. Civil law has been placed into existence for those above mentioned instances.

Civil law cases deal with the honest and proper enforcement of individual rights. That includes, but is not limited to, contract agreements, employment discrimination, and domestic issues. However, although civil law cases cover a broad spectrum, the most frequent of claims happens to be tort claims. 

What is Tort Law?

The top running civil law claim is typically the tort claim and is a case that involves people that feel as though another party has harmed them in some way. Tort is a compilation of judicial relief, obligations, and most importantly, rights that are applied by the courts in the attempt to relief to individuals that have suffered due to the actions of others. It is important to keep in mind that, unlike a breach of contract, Tort law is derived from a mixture of legislative enactments, alongside common law practices and principals.

Three Key Elements of Tort

Just like any other legal proceeding, when dealing in a Tort case, you are going to need to have verifiable evidence of any wrong doing. There also must be a few key items verified if your case is going to be heard by the courts. These three major elements have been listed and summarised for you below.

  1. Establish Cause: The complaining party (Plaintiff) needs to show that the defendant was legally obligated to act in a certain fashion.
  2. Show a Breach of Duty: It must be shown to the courts that the defendant breached their duty by neglecting to act in the agreed upon manor.
  3. Prove Damages: The plaintiff must prove that he injury or loss was directly caused by the defendant's actions, or lack thereof.

Tort Objectives

This laws main objective is to compensate victims for any injuries and/or losses that have been caused by the culpable party. In addition to compensation, the court seeks to transfer all costs incurred by the victim over to the party that is at fault, while discouraging the inflicting party to utilize more cautious behavior in the future.

Contact resources such as Andrew B Thiele & Co if you are facing a civil law case of your own.


20 February 2015

Writing about the law

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