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A tort is a wrongful act in which harm or injury is caused to another person. I

ID: 372856 • Letter: A

Question

A tort is a wrongful act in which harm or injury is caused to another person. I want to take an example of international tort. Intentional tort occurs when a person intends to perform an action that causes harm to another. For intentional tort to be proven it is not required for the person causing the harm to intentionally cause an actual injury, they must only intend to perform the act.

Elements of Intentional Tort:-

Intent is defined as acting with purpose or having knowledge that the act in question can cause injury or harm to another person. If the element of intent is not in place, it can be referred to simply as a tort.

Acting requires the person to perform an act that results in harm or injury to another. Thinking about or planning to perform an act does not constitute acting.

This element requires the victim to prove that, without the defendant’s actions or “causes,” the injuries or damage would not have occurred.

Example 1:-

A child named John kicks Adam during recess at school and the kick causes significant damage as Adam already suffers from a disability. John does not know that Adam suffers a disability, but he does know that kicking someone will cause discomfort. This constitutes intentional tort since John “intended” to kick Adam knowing the “act” could cause harm. If John had not kicked Adam, the “actual cause” of the injury would not have occurred.

Example 2 :-

Bob and Rick get into an argument and Bob punches Rick in the face, breaking his nose. Bob feels guilty because, even though he was mad and intended to hit Rick, he did not intend to break his nose. Rick sues Bob for medical expenses related to the injury and wins the suit. The judge rules that, even though Bob did not intend to break Rick’s nose, he did intend to hit him and he had the knowledge that hitting another person could cause injury.

Explanation / Answer

Provide two examples of a Tort and fully describe the elements of each example from the healthcare?

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