Tort Law in the USA

The Tort law under USA includes mostly common law. Additionally, it offers broad guidelines because every state has its own civil code. In tort law, damages are paid out when people's rights to their physical well-being, clean environment, property, financial interests, or reputations are violated. In civil law, as opposed to criminal law, a "tort" is a wrong that typically calls for a monetary payment to make up for the harm that was inflicted.

Tort law is typically viewed as constituting one of the three fundamental pillars of the law of obligations, along with contracts and unjust enrichment.

What the meaning of Tort Law?

Tort Law is a branch of civil law which deals with awarding damages in the forms of compensation by the defendant to the plaintiff for the harm caused to the latter due to the wrongful (whether negligent or willful) act of the former.

Factors to Constitute a Tort

There are three main factors to constitute a tort −

• The defendant must have committed a wrongful act or omission − It means that the defendant must owe a duty of care towards the plaintiff and it is that breach of duty either in the form of committing a wrongful act or in omission to do something which has resulted in harm to the plaintiff.

If the defendant does not have a duty of care towards the plaintiff either; general or specific, then there can be no breach of the duty even if it causes harm.

• Such an act or omission should result in legal damage (injury) to the plaintiff − When the plaintiff suffers any injury due to an act or omission of the defendant either directly or indirectly but not too remotely, then only the injury amounts to a cause of action in law.

• There must be a legal remedy in the form of a claim for damages − A legal remedy in law arises when a right of an individual is violated due to the action or omission of someone then only the law can provide a relief to the injured person, otherwise no civil violation means no remedy as evident from the legal maxim, ubi jus ibi remedium.

Existence of Tort Law in the United States of America

The Tort Law in the United States of America was introduced by the English rulers in the early 17th century and therefore it is similar to that of the United Kingdom. Additionally, as tort law is a branch of the Common Law System therefore it is broadly a judge made law and uncodified.

Tort Law in the US is a state law subject as the 10th Amendment empowers the states to enact their own laws therefore there is no federal statute instead the states have enacted their own civil codes which governs the rules and principles used by courts while considering the matters involving claims of damages for legal injuries. Although there have been several discussions in the Congress over the codification of tort law by a federal enactment for serving three purposes which are −

• To award compensation for injuries resulting from wrongful conduct.

• To deter persons from acting in such a manner as to result in harm.

• To punish those who make others suffer.

Categorisation of Torts

The USA Tort is primarily divided into three main categories which are as follow −

• Intentional Torts − When defendant had a substantial amount of knowledge that his action would constitute a civil violation, but intentionally worked in that direction. Such as, Assault, Trespass, Battery, Defamation.

• Negligence − When the defendant had a duty of care and fails to take reasonable care and make a legal breach.

• Strict Liability − When the defendant needs to take utmost care towards the plaintiffs in general.

Remedies for Tort

The Courts in the United States have structured four kinds of damages which are required to be paid by the defendant to the plaintiff. These includes

• Compensatory Damages − It is the provision for an amount equivalent to the amount of damage).

• Non-economic Damages − It is to compensate for pain and suffering through the conduct of an apology etc.

• Punitive Damages − These are damages in excess of compensatory damages to punish the wrongdoer.

• Nominal Damages − It is a small sum of money just to respect the violation of a legal right when there was no actual loss.

Defences Against a Tort Claim

There are certain defenses which can be availed by a defendant against a claim of plaintiff for damages in a civil suit of tort as these are judicially recognized grounds across the nation and as well as in the Common Law System −

• Consent (volenti non fit injuria).

• Plaintiff himself is the wrongdoer.

• Self-defense and defense of property.

• Necessity (Private and Public).

• statutory Duty or Authority.

• Remoteness of Damages.

• Inevitable accident.

• Act of God (Vis Major).

• Mistake.

Conclusion

Tort law is a branch of civil law in the USA that awards damages to individuals for violations of their rights to their physical well-being, clean environment, property, financial interests, or reputations. It is a fundamental pillar of the law of obligations, alongside contracts and unjust enrichment. To constitute a tort, there must be a wrongful act or omission by the defendant, a breach of duty of care towards the plaintiff, a legal damage to the plaintiff, and a legal remedy available. A legal remedy arises when an individual's right is violated, and no civil violation means no remedy.

Frequently Asked Questions

What is tort law in UK?

The law of torts is a broad collection of legal privileges, duties, and remedies that courts apply in civil cases. It offers remedy for those who have suffered loss or suffering as a result of the wrongdoing or negligence of others.

What is the origin of tort law?

The Common Law system of England is where the word "tort," which means "wrong," first appeared. The Latin word 'tortum' which means twisted as opposed to straight—is where the term 'tort' originates.