Foundations for Liability
Foundations for Liability
Tort law is the type of law applied by the court to relieve the individuals who have been harmed by other people’s wrongful acts. The individual who suffers the damage is called the plaintiff while the person who causes the injury is named the defendant (Cane, 2007). Criminal law deals with the wrongful act by which the government has perceived as a crime.
In criminal law, there must be provided a standard proof beyond the doubt due to the imposition of the convictions such as fine and jail terms. The criminal law deals with the state versus an individual while the tort law involves two individuals.
Three Types of Tort Cases
Intentional Tort Case
It is torts case where there is the intention to interfere with a person or property, and the offender commits the act knowingly (Cane, 2007). The actions can cause injury to another person. The plaintiff has to provide a proof that the behavior act was intentional.
Negligence Tort Case
It is the case whereby there is the contributory negligence by which the plaintiff negligence may have contributed to the damage or injuries. However, the plaintiff can be given the freedom to take action against the defendant.
It is a tort law case that provides the product manufacturer with the responsibility to ensure product safety during its consumption. The unsafe products should facilitate the damage recovery.
Other Types of Liabilities
The State Civil Rights
The liabilities provide the sanctions due to the violation of the law.
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The federal state regulates the State Civil rights.
Federal Civil Rights
The laws provide solutions to aspects such as constitutional rights violation as well as the monetary damages.
Americans with Disability Act
The law prevents discrimination against the people living with disabilities. The justice department imposes fines on the law offenders and is responsible for performing investigations that may help in resolving the issue.
In summary, it is apparent that there is a difference between the criminal law and the tort law. Tort law involves the monetary sanctions while the criminal law may include fines and jail.
Cane, P. (2007). The General/Special Distinction in Criminal Law, Tort Law, and Legal
Theory. Law And Philosophy, 26(5), 465-500. http://dx.doi.org/10.1007/s10982-007-9008-4
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