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| From Evan Granowitz |
Evan Granowitz, a California-based litigation lawyer with Wolf Group LA, delves into the definition and elements of torts.
A Definition of Torts
Torts, synonymous to the delict in civil law, are civil suits pertaining to physical damages or injuries involving the breach of civil duty. Torts are differentiated from crime although many acts can be categorized as both torts and crimes. Crimes fall under the responsibility of the state while torts are usually resolved through settlements under private prosecution. Tortious crimes include personal injury, medical malpractice, product liability, among others. The complainant usually receives monetary compensation for damages from the tortfeasor.
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| From Evan Granowitz |
Elements of Torts
Due to its vagueness in nature, elements of torts were defined to identify if an act can be considered as such. Evan Granowitz explains that by theory, if a claim fails to prove all elements, a plaintiff loses his claim.
Duty. The tortfeasor and plaintiff must be legally bound by a defined standard of conduct, which both parties are obliged to conform to. While this may not be applicable to malpractice and other forms of strict liability cases, the tortfeasor is still subject to the civil responsibility of preventing foreseeable injury towards the victim.
Breach of duty. The breach of duty is not limited to a written or oral contract to which an individual is committed to. Any act violating one’s civil obligation towards another’s person or property may fall under this definition.
Causation. The tortious act results in some form injury, either physical or mental. It could be direct or factual, wherein the act resulted in loss or damage, or it can be proximate, wherein the act results in a continuing sequence of events.
Injury. Injury caused by the tortious offense is not limited to physical injury. The offense includes financial injury, emotional distress, embarrassment, and dignitary harms.
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| From Blogger Pictures |
Evan Granowitz' complete profile can be found at www.wolfgroupla.com.
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