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Understanding Tort Law: Civil Wrongs and Compensation, Study notes of Law

An introduction to tort law, a major division of civil law that deals with civil wrongs, whether intentional or unintentional. It explains the differences between criminal and civil law, the importance of tort law in compensating victims, and how tort actions can also contain elements of punishment and deterrence. The document also includes examples of torts and how an offense can be both a crime and a tort.

Typology: Study notes

2012/2013

Uploaded on 01/24/2013

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Download Understanding Tort Law: Civil Wrongs and Compensation and more Study notes Law in PDF only on Docsity! Dispute Resolution Introduction Civil law is also known as private law. It regulates disputes between individuals; between parties, such as business or government; and between individuals and parties. Society does not have an interest in regulating civil disputes as it does crime. Civil disputes are really only important to the parties involved. While the main purpose of criminal law is to punish the offenders and to protect society from dangerous people, the main purpose of civil law is to compensate victims. When a crime occurs, anyone can help to bring the offender to justice. When a civil dispute arises, only the victim can take action. However, there is a significant public interest in ensuring that these disputes are settled fairly. Civil actions include claims arising from accidents; injuries done by one person to another's body, property, or reputation; divorces, child custody, and support claims; adoptions; failure to pay for work done; nonpayment of rent; and unpaid debts. The victim may bring an action against the person who committed the civil wrong for damages (monetary compensation), or some other civil remedy. Tort law, the subject of this unit, is a major division of civil law. The word "tort" means "a wrong" that could be either intentional or unintentional (negligent). Civil procedure is also examined in this unit, while important aspects of family law, contract law, and labor law follow in later units. Crimes and Torts As you know, Canada's justice system involves both criminal and civil law, which both concern wrongs and, in some cases, the same wrong. Some actions may involve both a crime and a tort. If a person….. • hits another person • breaks into someone’s property • takes someone’s belongings It may be a crime of.. • assault • break and enter • theft And also the tort of.. • battery • trespass to goods • trespass to land Assume that Andrea tries to drive home while under the influence of alcohol. She runs a red light, hits Pavel's car, and seriously injures him. Society, represented by the Crown, may begin criminal action against Andrea on the grounds of impaired or dangerous driving. If convicted, Andrea will find her punishment outlined in the Criminal Code. At the same time, Pavel can begin a civil action to sue Andrea for compensation. Tort law entitles Pavel to receive compensation (usually money) for the injuries he sustained and other losses suffered. Docsity.com
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