Tort Laws
Tort Laws | Tort Laws | Tort laws in the working world | | Janeen Abdo | Rasmussen CollegeNovember 04,2012Authors Note: | This research is being submitted on November 04, 2012, for Larry Cooperman FAL12-6WS1-B371-04 Research and Report Writing course. |
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Have you ever seen the commercials for a lawsuit based on a disease cause from working with asbestos or heard of law suit for unlawful termination; these are tort laws that make these lawsuits happen. The definition of a tort law is a civil wrong doing, what exactly is a tort law and how does it affect people and businesses, this research is to break down the definition and give a clear understanding of what tort laws are for and why they are used.
The Federal Tort Claims Act sets forth the government’s waiver of sovereign immunity and allows the United States to be sued in torts for the acts of its agencies and employees. There are procedural differences in litigating a claim under the FTCA. The distinctions are important due to one being jurisdictional and that there are substantive exceptions to the limited waivers. In all tort cases the plaintiff must prove that they are owed. The plaintiff and the court must look at the law of the place where the occurrence is to determine if an actionable duty has raised and there is indeed a need for the suit. Under tort principles the investigation must be carried out as to where the occurrence happened. (Carmody, 1995)
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort laws involve civil suits, which are actions brought to protect an individual’s private rights. There are two major categories of torts typically seen in employee-related cases: intentional and negligence. (CECP.air.org, 1999)
Intentional torts are usually
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Have you ever seen the commercials for a lawsuit based on a disease cause from working with asbestos or heard of law suit for unlawful termination; these are tort laws that make these lawsuits happen. The definition of a tort law is a civil wrong doing, what exactly is a tort law and how does it affect people and businesses, this research is to break down the definition and give a clear understanding of what tort laws are for and why they are used.
The Federal Tort Claims Act sets forth the government’s waiver of sovereign immunity and allows the United States to be sued in torts for the acts of its agencies and employees. There are procedural differences in litigating a claim under the FTCA. The distinctions are important due to one being jurisdictional and that there are substantive exceptions to the limited waivers. In all tort cases the plaintiff must prove that they are owed. The plaintiff and the court must look at the law of the place where the occurrence is to determine if an actionable duty has raised and there is indeed a need for the suit. Under tort principles the investigation must be carried out as to where the occurrence happened. (Carmody, 1995)
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort laws involve civil suits, which are actions brought to protect an individual’s private rights. There are two major categories of torts typically seen in employee-related cases: intentional and negligence. (CECP.air.org, 1999)
Intentional torts are usually
Bibliography: Burns, J. A., Jr. (1996). Protecting the rights of alleged attackers. Employee Relations Law Journal, 22(1), 179-186 Hoggler, R. L. (1988). Contractual and tort limitations on employee discipline for substance abuse. Employee Relations Law Journal, 13.3, 480-500. Kelly, E. P., & Clark, L. S. (1996). Personal liability for violations of employment discrimination laws: A split in the circuits. Employee Relations Sand, R. H. (1993). OSHA access to privileged materials; Criminal prosecutions. Employee Relations Law Journal, 19(1), 151-158 What are tort laws [Lecture notes]. (1999, February). Retrieved October 17, 2012, from http://cecp.air.org/interact/authoronline/february99/2.htm