Torts Tort Is a Wrongful Term Paper

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However, this aspect of tort law does not apply equally to all areas of tort law. For example, under theories of intentional infliction of emotional distress, a tortfeasor's behavior has to shock the conscience of the court. That a particular victim is particularly sensitive does not increase a tortfeasor's liability.

Finally, tort law does not always involve one wrongdoer and one victim. In fact, both parties can have some liability for the harm incurred, or multiple parties can be responsible for the damages. In order to determine liability for the damages, one must explore the possibilities of contributory and comparative negligence, joint and several liability, and assumption of the risk. The laws determining liability vary by state.

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For example, in some jurisdictions joint tortfeasors are only individually liable only for the proportion of damages they caused, while in other jurisdictions joint tortfeasors are jointly and severably liable.

As demonstrated, tort law is multi-faceted. It includes both intentional torts and negligence. Furthermore, to establish negligence, one must demonstrate a harm, a duty, failure to meet a standard of care, that the harm was reasonably foreseeable, and that the wrong was the cause of the harm. While many people call for tort reform, and tort law does create opportunities for abuse of the legal process, torts are an effective way of shifting liability from an innocent victim to a wrong doer.

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