Should Tort Laws Be Replaced Essay example

Submitted By innocencechild

Words: 505

Pages: 3

Open Document

Should Tort Laws be replaced? I believe that Tort Laws shouldn’t be replaced. I am going to tell you three reasons why I believe this. One, people who have suffered injury should be able to seek justice without restrictions. Two, negligence is an unintentional tort that involves careless or reckless action. And three, there is no real proof that the number of lawsuits has risen.

People who have suffered injury should be able to seek justice without restrictions. That goal is met by the current system. Tort suits force the injurer to reexamine and improve the safety of products and practices. The two major kings of torts: intentional and unintentional. An intentional tort is a deliberate act the harms a person or property. Slander and assault and battery are intentional torts that are tired in civil courts. An unintentional tort is doing harm without intending to but still the resulting harm was predictable. For example some kinds of practical jokes might obviously carry a risk of injuring someone.

Negligence is an unintentional tort that involves careless or reckless actions. A person is negligent when he or she fails to do something a reasonable person would have done or does something a prudent person would not have done. Leaving a sharp kitchen knife where small children could easily reach it or not having the brakes checked on an old car with high mileage are examples of negligence that could result in legal liability if someone were injured.

There is no real proof that the number of lawsuits has risen. In fact, statistics suggest that many more people suffer from medical malpractice than ever go to court – from media mislead the public by focusing on a few outlandish cases. Although the number of medical malpractice lawsuits has dropped in some states where payouts are capped, this does not prove that there were too many frivolous lawsuits. It might just mean lawyers are less willing to represent some one until they know they can back their costs – and its costs quite a bit to

Tort and White Collar Crime Essay

amendment- in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial,by an impartial jury of the state and district wherein the crime shall have been committed which district shall have been previously ,ascertained by law , and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence 8th amendment-…

Words 4115 - Pages 17

obama letter Essay

I thought you should be briefed on a few laws pertaining to hospitality. The laws evolved around hotel, motel, and inns are governed around common laws legislation and administrative agencies rules and regulations, and ongoing court decisions. Legally the terms, hotel and inn are used interchangeably. Also, keep in mind, various statutes define “hotel” differently, so the definition can change depending on the law involved. There are more than 135, 000 new federal and state laws passed yearly…

Words 1968 - Pages 8

Case Sample A Essay

The tort exception states that the employee can sue an employer for fraud. Based on the letter Elaine received, she never was given what she was promised. The employer gave the future employee false statements regarding receiving $30,000 annually. The employer…

Words 918 - Pages 4

Contract and Terms Essay

Table of Contents Contract A Contact is an agreement between two parties, two companies or more people that is legally binding. It can be in a form of written or verbal and both have same legal importance in the eyes of law. There should be an agreement between parties where one party offers and the other party accepts. In order to make the contract valid, the contract must have four essential elements namely offer, acceptance, consideration and intension to be considered or…

Words 7056 - Pages 29

Four Elements Of Negligence

The Four (or Five) Elements of Negligence Introduction Wikipedia defines Negligence as “a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness of another.” According to Elements of a Negligence Case “injury.findlaw.com, “when someone acts in a careless way and causes an injury to another person, under the legal principle of ‘negligence’ the careless person will be legally…

Words 1605 - Pages 7

Accountability in Practice Essay example

for Doctors had risen from 4.2% in 2011 to 7.9% in January 2013 and that GP surgeries were spending almost 20 per cent more on locum doctors each year. There is an older population of general practitioners and as these retire, many are not being replaced by younger doctors, probably more due to good locum rates of pay and also lack of responsibility except for the patient that they see. This is reiterated by Dr Ruth Hussey (2014) stating that there was poor response to recruitment. Unlike secondary…

Words 3708 - Pages 15

Business Law Notes

Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings…

Words 34659 - Pages 139

Business Law Case Study Final Paper

jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.…

Words 2079 - Pages 9

LAW TEST ONE Essay

LAW TEST ONE Contemporary New Zealand Business Law 8081 BUSINESS LAW: Understand the laws that affect New Zealand businesses This exam will test whether you are competent in the following learning outcomes: 1. Understanding the New Zealand legal system 2. Understand New Zealand business organizational structures 3. Understand the fundamentals of Company Law 4. Understand the fundamentals of the Privacy Act Instructions: Answer all questions in the spaces provided. Student : MARGIE T. GARCIA…

Words 4030 - Pages 17

criminal justice Essay

Work within a criminal Justice environment Major research assignment Maddison Brand 5/7/2014 1. Provide a working definition of crime. What are the main causes of crime in society? In the answer include psychological and socio economic causes of crime. Crime is defined as an offence against society; conduct is an act or omission considered to be a harmful offence, injurious or unacceptable to the community. Crime can be classified into two different avenues. Summary which is less…

Words 2435 - Pages 10