Tort Law Questions
How is Tort Law different from other areas of law?Tort Law is different from other areas of law because other areas of law are classified by their seriousness while Tort Laws have individual consequences and the injured person has a right to action. Tort Law is a body of law that defines what constitutes a legal injury, and determines the circumstances that can make one person liable for another person’s injury. The definition of a tort is an infringement of private right to be safe from harmful acts caused by others. Anyone who can distinguish the difference from right and wrong can be held responsible for committing a crime. However, a tort can be committed deliberately or unintentionally, making everyone liable, regardless of age.
What are the three main goals of Tort Law?Tort Law provides individuals with a variety of civil protections. The law ensures that everyone who is victimized by others has a chance at some form of legal recovery. The three main goals of Tort Law are: 1) to make sure the injured party is compensated, 2) to ensure that others refrain from engaging in future negligent actions, and 3) to ensure the victim’s legal rights are protected.
Are civil recovery damages paid to retail establishments considered income to the retail corporations who collect them?Civil damages would be considered partial or full income depending upon whether the retail establishment deducted the loss. The nature of the claim will determine how awards and settlements are taxed. If the retailer deducts the loss, a full recovery is likely to be taxed as ordinary income. However if the merchandise is recovered but damaged, it is usually deducted as a loss.
Is there a Tort Law that protects a person from being cheated of their life savings on property not worth the foreclosed amount?There is no simple tort that fits this specific situation. If you could show actual proof that a lender and an appraiser deliberately inflated the price of a property, you could possibly have a basis for a case. However, this would be a difficult task to accomplish and you would be likely to bear the burden of proof. When many properties being foreclosed on are no longer worth the loaned value because of the general housing market conditions, it can be difficult to prove deliberate inflation of property value.
Can a person file a civil case for breach of contract and Tort Law, or does each case need to be filed separately?To avoid having multiple actions going on at one time, the rules of civil procedure were enacted in order to combine all claims in one action. This means you can file both of the claims in one action because they are both civil actions. Your case would read as Count 1- breach of contract and Count 2- negligence.
Tort Law can be confusing to someone who has never had to deal with the legal aspects of litigation. If you have been wrongfully injured by someone and want to learn more, Lawyers on JustAnwser can answer any questions you may have related to Tort Law. The Experts can explain the different aspects of Tort Law and offer options to your individual situation in an efficient and knowledgeable manner.