Law of Torts is like a set of rules that handle civil wrongs, or torts – basically, actions that harm someone or their stuff. It’s a big deal because it gives a path for folks who’ve been hurt by someone else to get compensated. Whether you’re just starting out and want a solid intro to tort law or you’re looking to boost what you already know, these notes on the law of torts are here to help you out.
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Some General Conditions In Law of Torts Notes
To engage in tortious conduct, certain criteria must be met.
Acts and Omissions in Torts:
- To establish a tort, a wrongful act, whether through action or inaction, must occur.
- Acts beyond human control or mere thoughts are not actionable.
- Exceptionally, omissions may lead to liability when there is a duty to act.
- A person must fulfill their duty entirely, especially in voluntary rescue situations.
Voluntary and Involuntary Acts:
- Distinguishing between voluntary and involuntary acts is crucial for determining liability.
- Voluntary acts may incur liability, while involuntary acts may not.
- The legal assessment of surrounding circumstances determines the wrongfulness and liability of an act.
Malice in Torts:
- Malice is not always essential for a tort action.
- Two types: ‘express malice’ (ill will) and ‘malice in law’ (wrongful act without just cause).
- A lawful act with a malicious motive generally does not make it actionable.
- Malice is integral in certain wrongful acts, including defamation and malicious prosecution.
Intention, Motive, Negligence, and Recklessness:
- Reparation for a wrongful act arises from fault, not necessarily intention.
- Invasion of civil rights constitutes a legal wrong, irrespective of the motive.
- Lack of knowledge about the illegality of an act is not a valid excuse.
- Liability is based on the natural consequences of an act, whether intended or not.
Malfeasance, Misfeasance, and Nonfeasance:
- Malfeasance involves the commission of an unlawful act, often actionable per se.
- Misfeasance pertains to the improper performance of a lawful act.
- Nonfeasance refers to the failure to perform a obligated act.
Fault in Torts:
- Liability in torts typically depends on a fault violating another’s rights.
- Absolute or strict liability may arise without fault, as seen in cases like Rylands v. Fletcher.
- The law of torts encompasses intentional and negligent wrongs, influenced by flexible public policy and social needs.