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1. What is the definition of a tort?
Ans. A tort is a civil wrong that causes harm or injury to another person or their property. It involves a breach of duty imposed by law, which leads to legal liability and the right to claim compensation.
2. What are the different types of torts?
Ans. There are three main types of torts: intentional torts, negligence torts, and strict liability torts. Intentional torts occur when a person intentionally causes harm or injury, such as assault or defamation. Negligence torts involve a failure to exercise reasonable care, resulting in harm, such as a car accident caused by careless driving. Strict liability torts do not require intent or negligence; liability is imposed regardless of fault, such as in cases of defective products.
3. What is the difference between a tort and a crime?
Ans. The main difference between a tort and a crime is that a tort is a civil wrong that harms an individual or their property, while a crime is a violation of a statute that harms society as a whole. In tort cases, the injured party seeks compensation through a civil lawsuit, whereas in criminal cases, the state prosecutes the offender, and the punishment may include fines, probation, or imprisonment.
4. Can a person be held liable for a tort even if they did not intend to cause harm?
Ans. Yes, a person can be held liable for a tort even if they did not intend to cause harm. In negligence torts, the focus is on the defendant's failure to exercise reasonable care, regardless of their intentions. If their actions or omissions breach the duty of care owed to another person and result in harm, they can be held liable for negligence.
5. What is the role of damages in tort law?
Ans. Damages play a crucial role in tort law as they are the monetary compensation awarded to the injured party to compensate for the harm or loss suffered. There are different types of damages, including compensatory damages (to cover medical expenses, lost wages, pain, and suffering), punitive damages (to punish the defendant's outrageous conduct), and nominal damages (a small amount awarded when no significant harm is proven). The purpose of damages is to restore the injured party to the position they were in before the tort occurred, as far as money can do so.
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