Running Head: Patty Plaintiff’s Really Bad Week
1
Assignment: Patty Plaintiff’s Really Bad Week
Name
LEG 100
Professor Charles Fleming
Name
Tort
, Running Head: Patty Plaintiff’s Really Bad Week
2
Tort is a wrongful act other than breach of contract for which relief may be obtained in
the form of damages or an injunction. In common law these civil wrongs can result in legal
liability against the defendant or tortfeasor whose duty was to act or behave in a certain manor
by the plaintiff who must prove the behavior demonstrated by the tortfeasor did not conform to
the duty owed to the injured person. Torts are a civil action involving private parties thus the
penalization for tortious acts do not include fines or incarceration but typically involve restoring
the injured party monetarily and occasionally a court order can oblige the defendant to either do
or not do something. There are three types of torts International, Negligence and Strict liability.
An intentional tort is an act that is intentionally committed against another person with the aim
of causing harm. There are several intentional torts that fall into this category, like assault,
battery, conversion, fraud, false imprisonment, trespassing and invasion of privacy. Negligence
occurs when a party fails to demonstrate the kind of care a prudent person would take in the
same situation and an injury results from the action or inaction. There are five elements that must
be proven in a negligence case the injury caused actual damages, the plaintiff’s injury is a result
of the defendant’s actions or inactions (proximate cause), the defendant owed a duty of
reasonable care and the defendant did not behave in a way that demonstrated care. Strict liability
torts implies when a defendant places another person in danger, even in the absence of
negligence, simply because he is in possession of a dangerous product, animal or weapon. The
plaintiff does not need prove negligence. There are three major strict liability categories
abnormally dangerous acts, animals (owned or possessed) and product liability. An abnormally
dangerous is an act that carries a substantial risk to oneself and others' personal property and
physical being. In a suspected case of abnormally dangerous act these things are considered
whether it’s value to the community outweighs the risk involved, how likely that harm will result
1
Assignment: Patty Plaintiff’s Really Bad Week
Name
LEG 100
Professor Charles Fleming
Name
Tort
, Running Head: Patty Plaintiff’s Really Bad Week
2
Tort is a wrongful act other than breach of contract for which relief may be obtained in
the form of damages or an injunction. In common law these civil wrongs can result in legal
liability against the defendant or tortfeasor whose duty was to act or behave in a certain manor
by the plaintiff who must prove the behavior demonstrated by the tortfeasor did not conform to
the duty owed to the injured person. Torts are a civil action involving private parties thus the
penalization for tortious acts do not include fines or incarceration but typically involve restoring
the injured party monetarily and occasionally a court order can oblige the defendant to either do
or not do something. There are three types of torts International, Negligence and Strict liability.
An intentional tort is an act that is intentionally committed against another person with the aim
of causing harm. There are several intentional torts that fall into this category, like assault,
battery, conversion, fraud, false imprisonment, trespassing and invasion of privacy. Negligence
occurs when a party fails to demonstrate the kind of care a prudent person would take in the
same situation and an injury results from the action or inaction. There are five elements that must
be proven in a negligence case the injury caused actual damages, the plaintiff’s injury is a result
of the defendant’s actions or inactions (proximate cause), the defendant owed a duty of
reasonable care and the defendant did not behave in a way that demonstrated care. Strict liability
torts implies when a defendant places another person in danger, even in the absence of
negligence, simply because he is in possession of a dangerous product, animal or weapon. The
plaintiff does not need prove negligence. There are three major strict liability categories
abnormally dangerous acts, animals (owned or possessed) and product liability. An abnormally
dangerous is an act that carries a substantial risk to oneself and others' personal property and
physical being. In a suspected case of abnormally dangerous act these things are considered
whether it’s value to the community outweighs the risk involved, how likely that harm will result
