For example, the money that the plaintiff asks for might pay for the plaintiff's medical bills if he or she was hurt in an accident. Did the plaintif sufer actual harm or loss? Did the defendant’s careless act cause the plaintif injury or loss? Examples of intentional torts are: Assault – This tort happens when a person takes a deliberate action that makes a patient fear that he or she is in imminent danger of harm. You’re sitting at a table arguing with your neighbor. Here are a few examples. For a limited time, find answers and explanations to over 1.2 million textbook exercises for FREE! When a police officer takes a person to prison when he or she is not supposed to, that is called false imprisonment or false arrest. Tort of Negligence Problem Question Molly is a single mother. Does the defendant ow the plaintif a duty of care? Case Study: Smith v. McGillivary Why did the Court dismiss Smith's case? Damages are a monetary award ordered by the court to be paid to an injured party, by the party at fault. In some kinds of cases, it does not matter whether the defendant was careful or not. Unintentional tort is negligence or malpractice. Usually, the plaintiff in a lawsuit is asking the court to make the defendant pay money to make up for the harm that the defendant caused. The people or organizations on each side of a lawsuit are called the parties. An exampl… Example of Establishing a legal duty of care. Negligence -conduct falls below standard of care i.e. 2. this injury would not have happened but for the breach of duty, ; to limit perpetual causation link (going on and on); the causation link is, strong enough to establish liability and prove that f, If you don’t suffer an injury, you cannot claim a negligence case, The court would then make the defendant pay the plaintiff compensatory damages, (monetary amount to injury whether physical or mental) and punitive damages (in cases of, gross negligence= completely outrageous in the negligence). Different laws are found in civil law countries such as France or Germany. This preview shows page 7 - 9 out of 11 pages. For example, if one person punches another person in the nose, it might be an intentional tort called battery. The majority of personal injury claims are classified as unintentional tort claims. They usually happen because someone was not being careful. Blair, Annice, Law in Action: Understanding Canadian Law. Negligence is one of the most common causes of torts, but there are distinct differences between unintentional and intentionaltorts. An unintentional tort is what most torts are. Many torts cause physical harm to people. A tort is a private breach of someone else’s civil rights, and in the legal world a tort is what occurs when someone’s negligence directly causes damage to a person and/or their property. Here are some of the most common examples of unintentional torts. The person or organization that causes the injury is known as a tortfeasor. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must pr… Torts that involve people include hitting them, saying things about them that are not true, and making them stay in one place when they want to leave. The most common type of unintentional tort is negligence. An example of negligence is driving a car while not paying attention to the road. 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