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Difference between revisions of "Civil Claims and Family Violence"
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Civil Claims and Family Violence (view source)
Revision as of 18:27, 3 July 2019
, 18:27, 3 July 2019→Introduction to tort law claims
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==Introduction to tort law claims== | ==Introduction to tort law claims== | ||
The word ''tort'' comes from the Latin word for ''wrong'', and tort law deals with things like personal injuries, motor vehicle accidents, negligence, assault and battery, trespass, etc. The legal definition of a tort is ''a breach of a duty owed by someone to someone else which gives rise to a cause of action'', like a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole in your lawn that someone might fall into. Generally speaking, these | The word ''tort'' comes from the Latin word for ''wrong'', and tort law deals with things like personal injuries, motor vehicle accidents, negligence, assault and battery, trespass, etc. The legal definition of a tort is ''a breach of a duty owed by someone to someone else which gives rise to a cause of action'', like a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole in your lawn that someone might fall into. Generally speaking, these sorts of tort claims aren't spelled out in laws the way that the rules against robbery or assault are set out in the ''Criminal Code''. Tort claims are part of the ''common law'', the law that the courts (as opposed to the legislature) have created and maintained for hundreds of years. | ||
If a claim for assault and battery is made in a family law claim, it will be treated by a judge as a ''tort law'' claim, and bring ''common law'' principles and rules into the case. | If a claim for assault and battery is made in a family law claim, it will be treated by a judge as a ''tort law'' claim, and bring ''common law'' principles and rules into the case. | ||
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*loss of enjoyment of life as a result of the impact of the violence, | *loss of enjoyment of life as a result of the impact of the violence, | ||
*past wages lost because of the violence, | *past wages lost because of the violence, | ||
*future wages lost because of some inability, illness or other impairment resulting from the violence (this is sometimes referred to as lost earning capacity), | *future wages lost because of some inability, illness, or other impairment resulting from the violence (this is sometimes referred to as lost earning capacity), | ||
*rehabilitation and job retraining <span class="noglossary">costs</span>, and | *rehabilitation and job retraining <span class="noglossary">costs</span>, and | ||
*past and future medical care expenses related to the injuries suffered from the violence. | *past and future medical care expenses related to the injuries suffered from the violence. | ||