Business Law is also known as commercial law which refer to law that government dealing between people and commercial matters. Many business laws may involve trying to prevent problems that can hurt the business or cause legal disputes. Tort law is remedy which will be provide on civil wrong. Simply it provide compensation for injuries to person and property but only when it caused by the fault of others. This is also known as “economic torts” it cover all aspects which may occur due to negligence that cause or cause in the future such as any financial loss. Tort law comes from Latin word “Tortus” which basically means wrong or wrong deed.
Tort law will cover compensation from the person who causes the injury to injured person. In business tort law covers wide range of misconduct which may include injury of person or damage to business. Business tort law also cover contract law in business, which may include unfair trade practices that may come intentional and improper interference with the business interest of another (Joel Levin, 2008). Many tort also involve injury to another person body or damage to the property so there is example which may be covered in business torts are interference wrongfully, competition with unfair, disparaging, damage to computers.in this torts it may be include loss of clients , loss of business relation with other.it also cover that type of losses which may be come in future this help us or this save us from losses that were experienced in the past. This is only done with the help of lawyer or business lawyer or we have to hire a business lawyer for represent in court , this lawyer help us to recover any losses caused by the business tort .The types of damages that may be awarded by the court for civil wrongs, called “tortious conduct,” of an individual or entity include:
1. Reimbursement for property loss or property damage
2. Medical expenses
3. Pain and suffering
4. Loss of earning capacity
5. Punitive damages
Types of legal torts (Tort Law in Australia, 2012)
1. Intentional torts: -Intentional torts will be recover that time when injured person show some main points to justify that this damage occur due to intentionally, first one is an act by the defendant, 2. An intention to cause the consequences of the act 3. Causation – which mean the injury was caused by the defendant act or something set in motion by the act
2. Negligence torts :- anyone can recover in tort for negligence when court hear such cases like involving accidents to building , injuries from product or person may recover tort for negligence whenever these elements occur or the injured business show :-
• Injury to business
• Damage to business
• Proximate cause of the injury
3. Strict liability torts: – Strict liability occurs when society is saying that activity cause by business is dangerous or not good for society.
4. Several more torts which may help in business operation :-
1. Liability of products: – Any injury caused by products such as any person injured by using of that product caused due to any manufacture negligence for making of that product. after this a person who bring a case against other in a court must go to the manufacture plant or factory where that product were made, see each and every aspect of the product how it is made after than if he prove negligence than case may be consider if he can’t show negligence in the design of the manufacture’s product, it cannot be consider as a negligence caused by product or any manufacture defect.
5. Activity of business: -Many other activities also covered in business tort which is done in business .they are intentional tort and may be based on state law, federal law, or the common law, so injured parties may recover damages on the basis of the conduct that cause two types of harm, interference with a contract or economic advantage, any other confusion about product. Only these two general types of harm may recover in other business activities.
Importance of Tort System (Lawyers)
1. Tort law give people to create and established business and save them from dangerous practices.
2. It give business as a mode of profit and safety
3. It also gives freedom from government role or tort system helps to limit the government’s role.
4. It give protection to person as well as to property of business such as nuisance it may be public or private , trespass , fraud (misrepresentation), any product disparagement or unfair competition
5. It may cover from many damages such as expenses, lost wages and pain and suffering .tort law compensate the victim to harm actually done, damage which is measured by the extent of the injury, in money terms also, property destroyed, compensation for lost wages, reimbursement for medical expenses.
Why tort law is different from criminal law (Carl F. Cranor, 2017)
There are two ways in which tort law is different from criminal law:
1. Torts comes from negligent as well as intentional or criminal action
2. Tort lawsuits always bear fewer burdens of proof such as preponderance of evidence rather than beyond a reasonable doubt.
In business torts that arise from product liability also:
Product liability is that area of law in which product manufactures, distributor of company, sellers of company take responsibility for every injuries which is caused by the product. Theory of negligence is decided by the product liability cases. Negligence is caused because of unintentional injury or any cause through unintentional harm. Many states also convert the category of product liability into category of strict liability tort (Dietrich ; Barker, 1993).