Torts 02


Torts 02 : While many torts are the result of negligence, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence. Tort law is different from criminal law in that: (1) torts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O. J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Roman law contained provisions for torts in the form of delict, which later influenced the civil law jurisdictions in Continental Europe, but a distinctive body of law arose in the common law world traced to English tort law. The word 'tort' was first used in a legal context in the 1580s, although different words were used for similar concepts prior to this time
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