Monday, May 20, 2019

The ABC of torts

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You may consider filing for civil suit claiming compensation if you are damaged by other’s tortious conduct. I’d like to mention what the basic requisites of torts in this post. Please refer to Article 750 of Civil Act as follows;
     
Article 750 (Definition of Torts) 
Any person who causes losses to or inflicts injuries on another person by an unlawful act, intentionally or negligently, shall be bound to make compensation for damages arising therefrom.

As read in the Article, the requirements of torts are (1) intentional and negligent acts, (2) illegality of the wrongdoing, (3) capacity for tort liability, (4) damage, and (5) causal relationship between the act and the damage

It is needed to note that for torts, the victim shall have burden of proof. There are several cases of shifting of burden of proof, which I’ll explain in the next post. Additionally, as for some cases including environmental pollution, and medical malpractice, a perpetrator’s negligence will be presumed in case a victim proves that he or she is damaged by the perpetrator’s wrongdoing.   
   
Basically, compensation for damage by torts shall be in money. Please refer to the relevant Articles of the Civil Act as follows;

Article 763 (Applicable Provisions to be Applied Mutatis Mutandis)
The provisions of Articles 393, 394, 396 and 399 shall apply mutatis mutandis to torts claims.

Article 394 (Method of Compensation for Damages)
Unless otherwise agreed by the parties, the damages shall be recovered in money. Based on the Supreme Court’s precedents, damages caused by torts are divided into three types, positive damage, negative damage and mental distress. Hence, courts decided whether each type of damage is reasonable for the victim respectively.

This post is to provide a big picture on torts based on the requisites of them, and I’ll offer the detailed information and advice on the next postings. For further inquiries, please feel free to contact me at yhwang618@gmail.com.

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