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Essay / Research Paper Abstract
A 5 page discussion of tort law and the efforts on many fronts to reform it in regard to punitive damages and pain and suffering. While some are working to put caps on the amounts that can be awarded others are fighting to protect individual rights to safety not just in the medical environment but in numerous arenas where the topic of tort arises. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: AM2_PPtortRf.rtf
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Unformatted sample text from the term paper:
suffering are based on the concept of tort liability, liability for acts of irresponsibility that cause injury to person or property. By some perspectives, these awards have sometimes been
astronomical. Critics contend that not only are the unjust, they put a burden on society as a whole. Others, however, contend that compensation for the injuries, pain, and
suffering that many have to endure is inadequate. Tort reform has thus been immersed in considerable controversy in recent years. Despite that controversy, some states have implemented various reforms
that limit the amount an individual can be awarded. Tort reform is a particularly hot topic in regard to injuries sustained
as a result of medical care. There are many other arenas, however, where the adequacy of current tort liability approaches are being debated as well. Sports lawsuits, for
example, most often involve some sort of personal injury or tort and there are countless other examples of where tort comes into play.
A tort is a civil wrong rather than a criminal wrong. Rather than penalizing those that commit injustices that are classified as torts by requiring them to
serve prison terms, the tort system penalizes them by requiring them to provide monetary compensation to those that they have injured. Bjorklun presents a simple test to distinguish between a
tort and a crime. He contends that if compensation of some sort is justified then the question of whether the individual should be punished by society determines whether or
not the action is a crime or a tort. Some actions, however, are both torts and crimes and require both monetary compensation and criminal prosecution (Bjorklun).
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