Unit 4 Assignment : How Is A Crime Different From A Tort?

A duty of care is a legal obligation imposed on any individual working within the care sector that they adhere to a standard of reasonable care whilst performing any acts that could foreseeable harm others.

Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were”(National Paralegal College, 2017).

Crime is defined as any behavior that is punishable by a fine, a prison or jail sentence or in some cases both. There are two types of crime. The first type is a felony; the standard definition of a felony is any crime that is punishable by more than one year in prison or by death. The most common felonies are murder, robbery, treason, rape and kidnapping. The second type of crime is known as a misdemeanor. A misdemeanor is usually a less serious crime and is generally punishable by a fine and/ or incarceration in a county jail for up to one year. The most common misdemeanor crimes

Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).

Pursuant to case law, a duty of care is an obligation to conform to a standard of conduct prescribed by law. It is a duty imposed by law from which an obligation arises to act with due care, meaning reasonably, failure to do so is breach of duty of care.

3. When someone intentionally injuries a person or interferes with a person’s property, an intentional tort has been committed. An intentional tort differs from an unintentional tort in that the perpetrator of an intentional tort intends to bring about a specific result or consequence. When we hear the word assault, we tend to think of a harmful physical act. In tort law, however, the plaintiff simply has to prove that the defendant threatened harm; the plaintiff believed the threat was genuine, and the defendant could have carried out the threat. Assault is often followed by battery, the intentional

Negligence refers to any cause of any action or omission, where a person may assert a civil tort case and claim against another individual. Anyone that files a negligence lawsuit will need to prove four elements to negligence, in a court of law. If the plaintiff is successful in proving their case, then the judge will award damages.

A tort is a civil wrong, other than breach of contract Lau, T., & Johnson, L. (2014). The Plaintiff has the burden of proof. These elements must apply to the burden of proof duty, a breach of duty,

“Sometimes intentional torts are legally justified; thus, the person engaging in the intentional tort is not liable to the victim. These are collectively called defenses to intentional torts. Defenses are commonly used by the defendant in a civil lawsuit to exonerate the defendant from liability to the plaintiff” (Okrent, 2009). There are several types of legal defenses to intentional tort, these are:

“Tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss.” There are 3 categories of torts; Intention, the person knew or should have known it was not right. Negligent when the persons actions are unsafe and strict liability torts do not depend on the degree of care a person used.

* Intentional torts- purposeful harm by one person to another constitutes intentional torts. Intent may be general, specific or transferred.

Tort is a wrongful act which causes harm to someone else. If a person is performing a wrongful act intentionally then it is intentional tort and if the person does an act which hurt others not intentionally, due to mental illness or like that it is a non-intentional tort. Here are several intentional torts that fall into this category, like assault, battery, conversion, fraud, false imprisonment, trespassing and invasion of privacy and defamation.

Tort law, referring to negligence is the act of breaching the duty of care and causing some sort of damage. The failure to exercise the care as a reasonable person would in a certain circumstance. There are three elements that make up this tort, duty of care, breach and damages.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

Negligence is a conduct of a person, who acts out of reasonable standards, and by his behaviour, puts another person at the risk of injury or death, without knowing the actual risk. Recklessness is when a defendant is aware of creating a dangerous situation and is aware of a risk that will occur, and he is not doing anything to prevent the risk or he is doing something that pose the risk. A reckless person is performing an act knowing of the actual risk. Negligence is less serious than recklessness. And in general, there is no criminal liability for failure to act in certain situations. But there are also exceptions when you can be criminally liable; statutory duty, contractual duty or duty imposed by