Tort law is a body of law which addresses civil wrongdoings

Tort law is a body of law which addresses civil wrongdoings; it is split into intentional torts and negligence, or accidents. In tort law, if the wrongdoer is found responsible for causing the damage to the victim, then he will be responsible for paying damages to the victim, but he will not be put into jail or have to suffer other criminal punishments.

For intentional torts, such as assault, battery or false imprisonment, the victim must show that the wrongdoer had intent. Intent is defined as whether the wrongdoer purposely desired, or was substantially certain that the result would occur. For example, if Donald the Defendant purposely pulled a chair out from underneath Grandma Patty the Plaintiff, and the court determined that Donald was substantially certain that Grandma Patty would fall and break her newly replaced hip, then Donald would be liable to pay for Grandma Pattys damages. However, if Donald did not pull the chair out intentionally, then it may fall under negligence, or an accident.

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Assault and battery can be both tort and criminal acts. However, certain acts may only make the wrongdoer responsible for a tort, and not for a crime. For a tortious assault case, the victim would have to show that the wrongdoer intentionally caused him reasonable apprehension of an immediate harmful/offensive act. In order to cause reasonable apprehension, the victim must be aware of what is happening, so if the victim was asleep during the time, then there is no tortious assault. In a tortious battery case, the victim needs to prove that the wrongdoer intentionally caused harmful or offensive contact with his person. With this, the wrongdoer does not even have to make a direct physical connection with the victim. So for instance, if Donald intentionally picked up a rock and threw it at Patty, but did not touch her with his hand, he is still responsible for battery. In battery, the victim does not need to be aware of the act or it's harmful nature. Taking the above example, if Donald threw a rock at Patty while she was sleeping, he would be liable for battery, but might not be responsible for assault.

SAN FRANCISCO PERSONAL INJURY ATTORNEYS

Located on the Pacific Ocean, San Francisco is the fourth most populated city in California with 764,976 people. San Francisco is located across the Bay from Oakland, north of San Jose, and south of Napa County. Among it's many attractions are the Golden Gate Bridge, Coit Tower, Chinatown and Fishermans Wharf. San Francisco is home to the 49ers football team, and the Giants baseball team. It also attracts visitors to it's numerous museums, theaters, and public parks. Residents of San Francisco enjoy an active lifestyle, with over 200 miles of bicycle lanes in the city, and the annual San Francisco Marathon.

The city is often ranked as being one of the fittest in the United States. With this high regard comes the increased chance of being injured while walking or bicycling in this bustling city. BART and MUNI provide an efficient way of getting around the city, but the heart of the city is even more accessible on foot.

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Posted in Law Post Date 01/17/2019


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