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### Interpretation of Tort Liability under American Law Under American **tort law**, the foundations of civil liability for wrongful acts are established to understand the right to compensation when someone's rights are violated. Civil liability aims to repair the harm caused and restore the legal balance disrupted by the wrongful act. This includes both acts of commission and omission. ### General Principles Liability for wrongful acts under American law rests on three basic requirements: 1. **Wrongful Act:** The violation of a right or legal provision. 2. **Fault (Intent or Negligence):** The conduct must be attributable to the agent either intentionally or negligently. 3. **Damage:** There must be harm resulting from the wrongful conduct. ### Omission and Civil Liability When dealing with omissions, the analysis of civil liability can be more complex. An omission refers to the failure to perform an action that was legally required. For an omission to be considered wrongful, there must have been a legal duty to act that was not fulfilled. #### Example Suppose a security guard, tasked with monitoring a high-risk area, neglects their duty, and someone is attacked in that location. Although the guard did not actively contribute to the harm, their failure to monitor constitutes a violation of their legal duty of protection, making them responsible for damages that could have been avoided had they fulfilled their duty of vigilance. ### Additional Requirements for Liability Due to Omission 1. **Legal Duty to Act:** There must be a specific duty imposed by law or contract obliging the person to act in a certain way. 2. **Capacity to Act:** The person must have had the ability and opportunity to act according to their duty. 3. **Harm Caused by Non-Action:** The harm must be a direct consequence of the failure to fulfill the duty to act. ### Conclusion The interpretation of civil liability in cases of omission requires verifying that the omission constitutes a violation of a specific legal duty resulting in harm. Civil liability for wrongful acts, whether positive actions or omissions, aims to compensate the injured party, imposing on the wrongdoer the obligation to indemnify. For a more detailed analysis of a specific case or support in other legal aspects, I recommend using the tools available on the dashboard: - **[Translation Tool](http://lawonline.ai/dashboard/trial/translate)**: To translate legal documents. - **[Transcription Tool](http://lawonline.ai/dashboard/trial/transcribe)**: To obtain transcriptions of legal audio recordings. - **[Analysis Tool](http://lawonline.ai/dashboard/trial/analyse)**: To analyze legal documents in detail. If you have more questions or need additional support, feel free to ask.