by Krystle Hernandez

Created on: July 24, 2010

Tort Law is one of the major areas of the law in the United States’ legal system.  A “tort” is a civil wrong, other than the breach of a contract, for which the law provides a remedy, generally monetary damages.  In addition, when the law imposes a duty on a particular individual, and expresses a standard of care to which all similarly situated individuals must adhere, and that individual breaches that duty, he or she may be liable if an injury results as a consequence of that breach.

Tort law classifies these civil wrongs into two distinct categories: (1) intentional torts and (2) negligent torts.  The distinction between intent and negligence is crucial.  Although an actor may still be liable regardless of whether or not he intended to cause injury when he acted, the sanctions that he will face may vary depending on whether the act was intentional or negligent in nature.

Intentional torts are those committed by an individual who is acting with a general or specific intent to create certain results that arise naturally as an effect of the action taken by the actor.  Essentially, intention is the desire to bring about some result that the actor knows (or is reasonably certain to know) will occur as a consequence of his act.

In contrast, a negligent tort is a wrong that has resulted because of an actor’s failure to adhere to the standard of care required by law under the particular circumstances of the case.  The standard of care imposed by law varies depending on the act and the relationship between the actor and the victim of the tort.

Though various torts that qualify as negligent torts may have differing elements depending on the jurisdiction, there are four basic elements that an individual must prove to show that a negligent tort has occurred: (1) duty, (2) breach, (3) causation, and (4) resulting damages.  The concept of duty may be imposed expressly or implicitly.  In other words, if two people enter into a contract, the terms of that contract may impose certain rights and duties on the contracting parties.  If one party breaches or fails to comply with the terms of the contract, that party has breached his or her duty to the other.  However, the law imposes certain duties on individuals who are engaged in particular kinds of relationships.  For example, the law imposes a higher standard of care on parents who are responsible for their dependent children.  Thus, a stranger

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