Marvin Katko Vs. Edward Briney And Bertha Briney Or Katko Vs. Briney (Shotgun Case)
- IJLLR Journal
- 26 minutes ago
- 1 min read
Vibha B. Nair, CMR University, School of Legal Studies
BRIEF OF THE CASE:
Citation: 183 N.W.2d 657 (1971)
Appellant/Petitioner: Marvin Katko
Respondent: Edward Briney and Bertha L. Briney
Judgement Date: February 7, 1971
Court: Supreme court of Iowa
INTRODUCTION
A tort is any legal wrong for which the law offers redress. Torts offer recompense for losses to people and property brought on by another's negligence. Tort law seeks to return those who have been hurt as a result of another's negligence to the state they were in before the injury.
The French tongue is where the term "tort" first appeared. It is the same as the words "wrong" and "delict" in English and Romanian legislation, respectively. Its origins can be traced back to the Medieval Latin term "tortum," which means "wrong" or "injury" and was itself evolved from the Old Latin word "torquere," which means "to twist." It is an obligation violation that constitutes a legal wrong. A tort occurs when a person's obligation to others is compromised; the person who conducts a tort is known as a tortfeasor, or offender.
The state has a duty to maintain social security for the well-being of its citizens and to eliminate all forms of chaos from society. Private defence emerged as a result of people realizing they needed to protect their bodies and property from exterior threats as the socio-economic and political climate of the society changed.
