Tort Law: Definition, Elements, Defenses, Damages, and Reform

Running Head: LAW
Law
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Author Note

1LAW
Answer 1
Tort has been defined as an infringement of a right which is not contractual in nature or a
wrongful act which results into a legal liability. In common law jurisdiction a tort is described as
a civil wrong through which someone else may suffer harm or loss. Tortious liability results in
legal liability for a person who has done the act (Goldberg, Sebok and Zipursky 2016).
An intentional tort has been defined as any intentional act which is reasonably foreseeable
towards causing harm to a person and actually does so. Two types of intentional torts are assault
and battery.
Assault under common law is a tort where a person acts intentionally having a specific or general
intent of causing a reasonable apprehension of an offensive contact or an immediate harm.
Assault is considered as an intentional tort because it requires intent.
Battery is that when a person intentionally brings and offensive or harmful contact with another
person or someone associated with them without their consent.
Answer 2
The standard of proof which is required for establishing liability in tort cases is “on the balance
of probabilities” . This means that the court will give judgement in favour of the party who has
greater balance in terms of the evidence.
Two differences between civil law and criminal law is that in criminal law one of the parties to
the case is the government and in civil cases the parties are private persons. In civil law there
cannot be any imprisonment however in criminal law there can be imprisonment along with
fines.

2LAW
Answer 3
Negligence has three elements
Duty of care- a person who can be enjoyed by actions of any other person is entitled to be owed a
duty of care by the other person.
Breach of duty of care- In situation where the person who owes the duty of care does not act like
a reasonable person to take precautions in relation to avoiding the injury to the other person,
breach of duty of care is committed.
Causation- in negligence a claim can only be established when it is proved by the plaintiff that
the injury has only been caused to him because of the breach in duty of care and if the duty was
not reached the plaintiff would not have been injured (Abraham 2017).
Answer 4
Defences against negligence
Contributory negligence- this happens when the person who has been injured has himself done
something which has contributed to the injury caused to him.
Defences against nuisance
A claim for nuisance can be defended by the defence where the plaintiff himself had come to the
nuisance and therefore suffered damages.
Defences against defamation