Case Essay
Case Essay
By
Florida State University
September 9. 2014
History of Torts
The Anglo- American tort goes back to the action for trespass to property or to that person. The late 18th century was when this first was observed the distinction between that which is unintentional and injuries that are willfully inflicted. Negligence was distingue as a different tort. The basic idea is today is that a breach of duty constitutes a tort. In American there are courts that treat unjustified and willful as tortious, but other courts have stated that the act must be tortios by law. Torts that hurts someone feelings or reputation are considered to be personal torts. Torts that involve personal property, real are property torts. There are many different classes of property torts such as negligence and automobile accidents.
There have been cases that tort liability can be given without finding a fault, just like no fault auto insurance. In some cases finding fault can be very crucial because of punitive, compensatory damages. Torts can be very costly and time consuming. There have been many attempts to reform tort law, so that there will be a cap on no fault statues and settlements. During the 1990’S there have been some states that passed laws that would limit the amount of damages. State courts have stopped these limits because they believe that this violates the “open courts” which is guaranteed in our state constitutions.
Torts are created by states through Judges and by Statutory law. In most state the Judges and states use the Restatement of Torts 2nd as a guide. This publication is prepared by the American Law Institute. Their primary goal is to show an effective statement of the general law of the United States of America. There are many different torts and this includes assault, trespass, battery, negligence, products liability and intentional infliction of emotional distress. Torts
generally fall into three different categories, negligent torts,
By
Florida State University
September 9. 2014
History of Torts
The Anglo- American tort goes back to the action for trespass to property or to that person. The late 18th century was when this first was observed the distinction between that which is unintentional and injuries that are willfully inflicted. Negligence was distingue as a different tort. The basic idea is today is that a breach of duty constitutes a tort. In American there are courts that treat unjustified and willful as tortious, but other courts have stated that the act must be tortios by law. Torts that hurts someone feelings or reputation are considered to be personal torts. Torts that involve personal property, real are property torts. There are many different classes of property torts such as negligence and automobile accidents.
There have been cases that tort liability can be given without finding a fault, just like no fault auto insurance. In some cases finding fault can be very crucial because of punitive, compensatory damages. Torts can be very costly and time consuming. There have been many attempts to reform tort law, so that there will be a cap on no fault statues and settlements. During the 1990’S there have been some states that passed laws that would limit the amount of damages. State courts have stopped these limits because they believe that this violates the “open courts” which is guaranteed in our state constitutions.
Torts are created by states through Judges and by Statutory law. In most state the Judges and states use the Restatement of Torts 2nd as a guide. This publication is prepared by the American Law Institute. Their primary goal is to show an effective statement of the general law of the United States of America. There are many different torts and this includes assault, trespass, battery, negligence, products liability and intentional infliction of emotional distress. Torts
generally fall into three different categories, negligent torts,