A tort Research Essay Research Essay

Any wrong that causes harm, pain, or loss is referred to as a tort. The Latin term for twisted is “tortes.” The victim, also known as the injured party, may be able to recover their losses in a lawsuit if the harm was caused by negligence rather than intentional wrongdoing; however, the lawsuit must be supported by evidence demonstrating how the victim’s harm was caused by the defendant’s actions or lack of actions.

Therefore, it is accurate to state that a tort is an action or lack of action that may cause harm or loss. This harm need not be physical; it could also be financial, reputational, or emotional. Unintentional tort is a tort brought about due to negligence. A person’s negligence

although not intentional causes a risk that ends up hurting another party.

A plaintiff has the task of making sure that what they have filed against the other

party is true and seek compensation if the court rules the case in their favor. They therefore

make sure their case is hard and the ruling favors them. A voluntary assumption of risk is a

situation where one assumes that fact that there is a risk that may result to them being injured.

In such instances the party that causes the risk is not held responsible for the damage. For

instance if a person knows that its risky to fly due to the bad weather but still flies and the plane

crushes then the pilot in this cases cannot be held responsible for the damages caused to the

passage since they knew the risk. A licensee is a person accesses a property with the permission

of the owner or the occupant. Occupants are however required to inform the licensee of unusual

damages and they have no lability of hazards unknown to them.

In conclusion a tort can be classified into may things and it has a lot to learn from, for

example there are harms caused by nature called Act of God that occur no matter what kind of

precautions that a responsible person might take. They cannot be prevented an example is

earthquakes. Therefore there are several factors that have to be taken to consideration before an

action against a tort is taken.

References

Jennings, W. H. (1991). Canadian law. Toronto: McGraw-Hill Ryerson.

The Canadian law review. (1901). Toronto: Canadian law review Co.

Boyd, N. (2015). Canadian law: An introduction.

Law in action--understanding Canadian law. (2010). Toronto: Pearson Canada.

Roach, K. (2015). Criminal law.

Law Commission of Canada. (2006). Law and citizenship. Vancouver [B.C.: UBC Press.