ידועים בציבור

10/09/2012 16:22

Common law is a system that facilitates legal processes through judges, juries, courts and similar tribunes rather than via legislative statutes. Common law systems are based on the principle that it is unfair to treat similar facts differently on different occasions. The common law system has its origins in Medieval England and is still in use in parts of the world that were once part of the British Empire such as the United States, Malaysia, Singapore, Pakistan, Sri Lanka, Ghana, Hong Kong, South Africa, and Ireland.In common law jurisdictions, a tort is defined as a wrong that involves a breach of civil duty owed to another party. However, torts do not generally cover agreements between two parties, as in cases of breach of contract. When a duty has been breached, the injured party has the right to institute a lawsuit for compensatory damages, often with the assistance of a Utah lawyer who specializes in torts and personal injury. Torts are differentiated from crimes, which involves a malicious breach of duty that affects society in general.You should browse more on ידועים בציבור.Torts and Acts of NegligenceWhat breaches of duty are classified as torts, and what compensation can the injured party receive? In the United States, many negligent acts often blur the boundaries that distinguish torts from crimes. While crimes tend to be the responsibility of the state, any injured party can serve a lawsuit for tort. Entities who have suffered tortuous injuries are entitled to receive damages, often monetary compensation, from the entities responsible or liable for the tort.Legal injuries classified as torts do not just cover physical injuries, but emotional and psychological injuries as well. Other torts include economic damages, slurs to reputation, as well as the violation of privacy, property, and constitutional rights. In the United States, common tort cases include auto accidents, false imprisonment, defamation, product liability, medical malpractice, copyright infringement, and even environmental pollution.Cases of negligence are some of the most prevalent torts: if the injured party can prove that a person believed to have caused the injury acted negligently (i.e. without taking reasonable precaution so as to avoid injuring other people), tort laws allow compensation. Tort laws also recognize intentional torts, wherein a person intentionally acted in a way that would harm others.Definition of NegligenceNegligence is a tort that seeks compensation for breaching duty of care owed by one party to another. The elements that determine the liability for negligence are as follows. The plaintiff (the person filing the tort) was owed a breach; there was a breach of that duty; the defendant caused the injury; the plaintiff suffered damages as a result of the breach; and the damage had a proximate cause (i.e. the injury had a direct consequence).The legal duty of care exists when both parties--the plaintiff and defendant--existed in a "special relationship." For example, the existence of duty of care can be discerned in situations concerning employees and employers, manufacturers and consumers, doctors and patients, as well as solicitors and clients.Compensation for tortsThe main remedy for loss arising from torts is in the form of monetary compensation or damages. In cases involving continuing torts such as the threat of harm, the court can sometimes grant an injunction. Injunctions are court orders that require parties to refrain from performing certain acts. If the party fails to comply with the injunction, they may face criminal or civil penalties. Plaintiffs can ensure a successful outcome to their tort lawsuit by hiring an experienced Utah lawyer to assist with the case.To explore more visit my site!

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