Question
The word tort is derived from Latin and it means wrong in French.In the law, a tort is generally considered a civil wrong, other than
The word tort is derived from Latin and it means "wrong" in French.In the law, a tort is generally considered a civil wrong, other than a breach of contract, for which the law provides a remedy.
Businesses are often involved in tort actions when a person is harmed by the actions of a business or its employees, a person is harmed by a product manufactured or distributed by the business, or when a business is harmed by the wrongful actions of another business or person.
These actions can take many forms, such as product liability suits, slip and falls, and a variety of other suits.
Liability can be based on negligent, intentional, or reckless actions, or be based on strict liability.
While some actions may both violate criminal law and be a tort (such as punching someone), this discussion topic is focused strictly on the civil side.
The purpose of these civil torts is to place an injured party as nearly as possible in the position they would have occupied had it not been for the defendant's tort.
In much of the world, businesses are more heavily regulated than in the United States.The legal system in the United States relies on civil lawsuits to help regulate the behavior of businesses.In some cases, punitive damages may be awarded in addition to any actual loss to punish the offending party and to dissuade them and other similarly situated actors to not engage in whatever behavior caused the injury.
Many states, including Tennessee, have tried to limit the availability of punitive damages and/or noneconomic damages in an effort to be "business friendly."
When one hears about a jury award that sounds outrageous, the concept of limiting available damages may seem appealing.what are some of the unintended consequences of limiting damages available to an injured party?
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