Chapter 4 Torts Summary

Chapter 4 Torts Summary

Zishen. Hu

Chapter 4 illustrates the law of torts in details by showing definitions, diagrams and examples that are easily applied to practical cases. The law of tort is aimed to compensate victims for their damages and losses that are caused by the conducts of the other people. People need to impose liability through paying compensation to victim whom is caused injured due to their injurious behaviors. This type of liability is called strict liability that people is considered reliable on the basis of causation regardless of fault. In tort law, fault is simply interpreted as an unjustifiable conduct that intentionally or unintentionally injuries the benefit of others. However, not all tort liability is in line with fault. Public policy also plays an important role on strict liability, including no-fault insurance and workers’ compensation.

Moreover, there are many examples of strict liability in response to different societal circumstance relates to different liability. Vicarious liability is one example of strict liability that at least two parties are involved and it declares that one party is reliable to compensate for torts committed by another party due to the consequence of his or her behavior. For example, an employer may be held liability as well if damage or injury is caused by an employee’s tortious act that attributes to employer’s improper instruction.

Furthermore, two types of torts are stated in the chapter: intentional and unintentional torts. Intentional torts are those activities or conduct is occurred on purpose, which means the conduct is manipulated deliberately to cause a damage or loss for a specific reason. Unintentional torts are those behaviors are done unconsciously, which means the behavior of injury happens instantaneously without realizing it.

In more detail, trespass, assault and battery are committed as intentional torts. Trespass is one of the oldest intentional torts that entering another person’s premise without owner’s permission. Trespass is not a serious infringement act if someone merely step on land, however, it can be sued as a criminal tort if the landowner establishes some damage and loss. Assault, the behavior that is intended to injure a person and battery, the illegal physical contact with a person are present-day intentional torts and may be classified as criminal offence. There are two nuisance torts, includes public nuisance and private nuisance. Public nuisance includes actions that interfere with the use of public amenities. For example, facility damage in public environment is an example of public nuisance. Private nuisance includes conducts that interfere with personal use of their property. For example, loud noise is an example of private nuisance because it has a bad influence that might disturb people who may be resting or sleeping. In addition, false imprisonment and malicious prosecution are the typical examples of intentional tort. False imprisonment is an illegal conduct to restrain and confine another person without lawful justification and false arrest is a behavior to arrest person without reasonable cause. Malicious prosecution is a conduct that prosecute a person for a crime without a clear evidence and an honest belief before the crime is committed. For example, a person who has not yet been committed to a crime can be maliciously prosecuted by the others since they do not truly believe the person is blameless. Besides, libel, written defamation and slander, oral defamation are the specific forms of the intentional torts of defamation. Defamation can be simply demonstrated as a vague statement that causes a degree of injury to the reputation of another person either physically or mentally. For example, if a person is assumed to a crime that he or she has not been involved and it hurts his or her reputation, he or she is defamed by the others.