| abstract
| - The difference between a tort and a 'crime is that a crime is a wrong against society which threatens the peace and safety of a community. It is more than just a civil wrong. If injury or damage is caused by wrongful action or defective merchandise, the victim may sue the defendant. In general, Canadian law of tort is considered fair as a lawsuit cannot be based upon bad luck, accidental or completely random circumstances. The accused party's conduct becomes the key factor when assessing a lawsuit, and is generally categorized as either intentional, negligent or accidental. To succeed in a tort action, the defendant's actions must be either intentional or negligent to result in direct liability. In order for the plaintiff to receive compensation, they must prove the following:
* Defendant owed the plaintiff a duty of care which was breached
* Plaintiff suffered loss or damage
* The breach was the significant cause of plaintiff's loss If any of the above are absent, the lawsuit will fail[1]. For example, a negligent act that did not result in damage or injury is not a viable claim under the tort law. Tort suits involving engineers usually fall under one of the following actions: Misrepresentation, Nuisance, Negligence, and Product Liability. The first is a false statement by an individual who is aware that the statement is incorrect. When this is done under an oath, it is known as perjury. Nuisance relates to the distrubance of a person resulting in a physically uncomfortable scenario. Negligence is the failure to exercise the care that a trained professional would be expected to under the given circumstances. Lastly, product liability refers to the action in which an injured party seeks to recover compensation for personal injury or loss from the manufacturer or seller of a particular product.
- Tort law is an area of law applied by courts to provide relief for persons who have suffered harm from the wrongful acts of another (other than for breach of contract).
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