Conversion in Tort Law: An Essay on Possession, Wrongful Interference, and Justice Conversion is a foundational tort in common law, grounded in the protection of possessory rights over personal property. As a form of wrongful interference, conversion involves the intentional exercise of dominion or control over another’s chattel in a Read more…
Traffic Collision as a Tort: A Legal Perspective I. Introduction In the realm of private law, torts represent a fundamental mechanism through which individuals may seek redress for harm caused by others. Among the most prevalent and litigated tortious events are traffic collisions. Although these incidents frequently give rise to Read more…
Comparative Negligence: The Legal Perspective In the field of tort law, the doctrine of comparative negligence serves as a foundational principle governing the liability of parties who fail to exercise reasonable care. However, the complexity of real-world accidents often involves fault on the part of more than one individual. To Read more…
Constructive Trust: A Legal Mechanism for Preventing Unjust Enrichment A constructive trust is a legal remedy imposed by courts to prevent unjust enrichment when one party improperly acquires or retains property that rightfully belongs to another. Unlike an express trust, which is deliberately created by the settlor, a constructive trust Read more…
Trespass to Land: A Legal and Theoretical Analysis Trespass to land is a fundamental principle in property law that protects an individual’s right to the exclusive possession of their land. Rooted in common law, this tort provides landowners with legal remedies against unauthorized intrusions. The doctrine has evolved over centuries, Read more…
False Imprisonment as a Tort: Legal Analysis and Implications False imprisonment is a significant tort under the common law system, representing an unlawful restraint on an individual’s freedom of movement. It is categorized as an intentional tort, requiring the plaintiff to prove that the defendant unlawfully restricted their liberty without Read more…
Trespass to Chattels: An Overview of the Tort and Its Evolution Introduction Trespass to chattels is a tort within common law that provides a remedy for the unauthorized interference with another person’s personal property. Although often overshadowed by the more prominent torts of conversion and trespass to land, trespass to Read more…
Emotional Distress as a Legal Claim: An Overview The concept of emotional distress as a legal claim is an important development in the field of tort law, representing a growing acknowledgment of the psychological and emotional harm individuals may suffer due to the wrongful conduct of others. Traditionally, legal systems Read more…
Gross Negligence: An In-Depth Analysis Gross Negligence, a cornerstone concept in civil and criminal liability, is defined as a breach of a duty of care resulting in harm or loss. Among the various forms of negligence, gross negligence stands out as a distinct and more severe category. It is characterized Read more…