Systematic Classification of Tort
A tort is a private wrong, a trespass against a person or his property for which a damages award or other judicial remedy may be sought. Most torts arise from either an intentional, wrongful action or from a negligent action.The law of torts is essentially the law of injuries and remedies for those injuries. Torts can thus include assault, battery, false imprisonment, intentional infliction of emotional distress, negligence, invasion of privacy, defamation, fraud or mispresentation, wrongful conversion, trespass, and other wrong, such as product liability.
There are two main categories of torts;
To constitute an intentional tort, the defendant’s act must be expressly or implicitly intended; the resulting harm need not be intended, but must have been reasonably foreseeable. Examples of intentional torts are assault and battery, false imprisonment, slander, and invasion of privacy.
Unintentional torts such as negligence in a slip and fall case۔Negligence refers to the failure of a person to exercise sufficient care in his or her conduct. When a person’s conduct falls below the reasonable expectation of society and causes foreseeable harm to another, the person has acted negligently. Societies expect known in torts based on negligence as the legal duty of care. The law does not require that the person has intent to cause harm.
CLASSIFICATION OF TORTS
The Classification of Tort is done in the following groups
Safety and freedom:
It is consist of following terms.
An assault is an act which intentionally causes another person to apprehend the infliction of the immediate, unlawful force on a person.
An assault is any unlawful attempt or offer with force or violence to do bodily harm to another, whether from ill will or extreme carelessness; for example, by striking at or holding up the fist at a person in a threatening or insulting manner, or with other circumstances that evidence an intention, coupled with a present ability, of actual violence against the person, such as by pointing a weapon at him when he is within reach of it.
Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. A battery is any:
a. Willful and unlawful use of force or violence upon the person of another; or
b. Actual, intentional and unlawful touching or striking of another person against the will of the other; or
c. Unlawfully and intentionally causing bodily harm to an individual.
3) False Imprisonment:
False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the gist of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law. False imprisonment is any illegal imprisonment without any process whatever, or under color of process wholly illegal, regardless of whether any crime has been committed, or a debt due.
False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.
4) Malicious prosecution:
Malicious prosecution refers to filing a lawsuit for purposes of harassing the defendant when there is no genuine basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of harassing motives and without any legal or factual foundation, it may be the basis of a claim for damages against the person who filed the original action. If malicious prosecution is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages.
In some cases, courts have held that an attorney who knowingly assists a client in filing a baseless lawsuit out of malice may also be liable for damages. Before bringing a suit for a malicious prosecution, the original lawsuit must be decided in favor of the victim
PERSONAL RELATION TO FAMILY
Seduction is the act of a man enticing (without the use of physical force) a previously chaste woman to consent to sexual intercourse. In broader usage, the term refers to any act of persuasion and excluding the issue of chastity that leads to sexual intercourse.
Seduction has not as a rule been a criminal offense in most Western countries, but in the United States statutes in most states imposed criminal liability upon the seducing male. The elements of the crime varied, consisting of one or more of the following: intercourse with a female by trickery or under a promise of marriage.
To wrongfully solicit, persuade, attract, or seduce. To incite, or persuade a person to do a thing. Enticement of a child is inviting, persuading, or attempting to persuade a child to enter any vehicle, building, room, or secluded place with intent to commit an unlawful sexual act upon or with the person of said child.
Slander is a type of defamation. Slander is an untrue defamatory statement that is spoken orally. The difference between defamation and slander is that a defamatory statement can be made in any medium. It could be in a blog comment or spoken in a speech or said on television and slanderous statements are only made orally.
Libel is an untrue defamatory statement that is made in writing. Libelous acts only occur when a statement is made in writing (digital statements count as writing)۔A crime to print anything false about the government, Person,institution etc۔A statement against a public figure is libel only if it known to be false or the speaker had a reckless disregard for the truth when making it.
Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom’s reputation or ability to work, it is defamation. The person whose reputation has been damaged by the false statement can bring a defamation lawsuit.
Another crucial part of a defamation case is that the person makes the false statement with a certain kind of intent. The statement must have been made with knowledge that it was untrue or with reckless disregard for the truth (meaning the person who said it questioned the truthfulness but said it anyhow). If the person being defamed is a private citizen and not a celebrity or public figure, defamation can also be proven when the statement was made with negligence as to determining its truth (the person speaking should have known it was false or should have questioned it). This means it is easier to prove defamation when you are a private citizen. There is a higher standard required if you are a public figure.
Trespass to property:
There are two types of trespass: trespass to land and trespass to goods.
Trespass to lands:
Trespass to land is the intentional and unauthorized invasion of real property. The relevant intent for this claim is the intent to enter the property. So, a person who unknowingly crosses from his own property to an adjacent plot may be liable for trespass even if he did not know that the land belonged to another. Trespass to land may occur when a person or object, such as litter, enters the property.
Trespass to goods:
Trespass to goods is an intentional interference with a plaintiff's right of possession to personal property. This may occur if a defendant damages the property or deprives the plaintiff of possession of the property.
The tort of conversion is similar to the tort of trespass to chattel. Both require a defendant to interfere with another's right of possession in personal property. Likewise, a defendant must have intended to exercise control over the property in a manner inconsistent with the owner's rights. It is not required that the defendant know that the property belonged to another. However, for conversion, the interference must be so serious, in terms of duration and extensiveness of use, that it warrants that the defendant pay the personal property's full value.
Interference with right analogous to property:
Trademarks identify the goods of one manufacturer from the goods of others. Trademarks are important business assets because they allow companies to establish their products' reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer. Trademarks include words, names, symbols and logos. The intent of trademark law is to prevent consumer confusion about the origin of a product.
Trade names are names associated with a business and its reputation. Business names are not by themselves a trademark. The name that a business uses to identify itself is called a "trade name." This is the name used on its stock certificates, bank accounts, invoices and letterhead. The business name may be given some protection under state and local corporate/ LLC or fictitious business name registration laws (or protected under federal and state unfair competition laws against a confusing use by a competing business), but it is not considered a trademark or entitled to protection under trademark laws unless it is affixed to a product or service. However, if a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark and be entitled to protection if it is distinctive enough. For instance, Apple Computer Corporation uses the trade name Apple as a trademark on its line of computer products.
A second-comer needs to take care to distinguish their product if they are using a name similar to a predecessor, especially in a competing product or service. Also, a generic term may acquire a preferential right to the use of such a name or word under the doctrine of secondary meaning. In such a case, a duty may be imposed upon a subsequent user to take such precautions as may be necessary to distinguish or identify his goods or business and thus avoid confusion on the part of customers or patrons.
In determining whether relief for unfair competition will be granted, some of the factors considered are the distinctiveness of the name, the similarity or relationship between the subjects involved, whether the goods or services are furnished to different classes of customers, and whether motives of fraud or bad faith intent were involved. Although the ultimate issue is whether the defendant's use of the complaining party's name or symbols results in confusion as to the source or origin of the goods or services.
A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. Violation of a copyright is called infringement.
Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent "which is a new, original and ornamental design for a manufactured article; and c) "plant patent " which is a new variety of a cultivated asexually reproduced plant. The Federal agency charged with administering patent laws is the Patent and Trademark Office. If an application is rejected, the decision may be appealed to the Patents Office's Board of Appeals, with further or alternative review available from the United States Court of Appeals for the Federal Circuit, or in the United States District Court for the District of Columbia. Manufacture of a product upon which there is an existing patent is "patent infringement" which can result in a lawsuit against the infringer and substantial damages may be granted.
A nuisance is an unreasonable and substantial interference with the use and/or enjoyment of land that does not involve a physical trespass. Here is an example of a municipal nuisance statute.
Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others and gives rise to a cause of action. A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances. A private nuisance is an activity or condition that interferes with the use and enjoyment of neighboring privately owned lands, without, however, constituting an actual invasion of the property. Thus, excessive noise, noxious vapours, and disagreeable odours and vibrations may constitute a private nuisance to the neighboring landowners, although there has been no physical trespass on their lands.
Breach of duty:
The failure of one who owes a duty to perform. Also refers to a person who fails to use due and reasonable care required under the circumstances
Negligent tort means a tort committed by failure to act as a reasonable person to someone to whom she Or he owes a duty, as required by law under the circumstances. Further, negligent torts are not deliberate, and there must be an injury resulting from the breach of the duty. Examples of negligent torts are car accidents, slip and fall accidents and most medical malpractice cases.