A tort refers to an act or omission that contributes to injury to another individual and is punishable by court of law (Congressional Research Service, 2019). Because it gives rise to harm or injury, the court imposes liability. The main objective of tort law is to relieve the complainant, impose liabilities on people accountable for the harm, and caution others from involving themselves in harmful acts (Landes & Posner, 1987) A tort can shift the burden from the injured to the responsible person. In some instances, the harm does not always occur intentionally and can occur when a person fails to act properly, in this case negligence.
The most common types of torts are negligence, strict and product liability, and intentional tort. An intentional tort occurs when a person purposely engages in an act that can cause injury to another person. For example, when people are involved in a fight (Stychin, 2012) Negligence tort does not involve deliberate action but occurs when a person fails to be cautious and another person gets hurt (Congressional Research Service, 2019). This occurs when a person owes another one duty. For example, if a driver over speeds and hits a person they are likely to owe the victim for losses. Strict liability applies to cases injury responsibility has been imposed on an individual without proof of negligence. For instance, when using a product causes harm to an individual.
A false imprisonment is an act that can be punishable under both criminal law and tort law (Varuhas, 2010). False imprisonment occurs when an individual restricts another person intentionally without the person’s permission or legal authority. According to the facts given, there was no false imprisonment in The Rays’ case. This is because the pilot had convinced them to remain and they had agreed. It is also seen that it was not intentional for the pilot not to fly but did not because of bad weather. The pilot was also cautious not to work beyond his working hours since this may help in preventing accidents.
In conclusion, injured parties may file a case to recover damages in terms of monetary compensation or injunction. In some cases, the court awards punitive damages in addition to compensatory damage to prevent further misconduct.
References
Congressional Research Service. (2019). Introduction to tort law. https://sgp.fas.org/crs/misc/IF11291.pdf
Landes, W. M., & Posner, R. A. (1987). The Economic Structure of Tort Law. Harvard University Press. https://doi.org/10.4159/harvard.9780674864030
Stychin, C. F. (2012). The vulnerable subject of negligence law. International Journal of Law in Context, 8(3), 337-353. https://doi.org/10.1017/s1744552312000249
Varuhas, J. N. E. (2010). False imprisonment of prisoners: lawful authority, omissions and damages. The Cambridge Law Journal, 69(03), 438-440.https://doi.org/10.1017/s0008197310000656
