INTRODUCTION TO TORTS CIVIL LAW CRIMES VS TORTS

INTRODUCTION TO TORTS: CIVIL LAW

CRIMES VS. TORTS • A crime is a “public” wrong committed against society (in addition to the specific victim) • A tort is a “private” wrong committed against an individual • The same conduct can be both a tort and a crime

DEFINITION OF A TORT • A wrongful act that unfairly causes someone else to suffer loss or harm.

KEY DIFFERENCES • In what ways are torts different from crimes? • Parties • Burden of Proof • Remedies • What is the most common remedy in a tort case?

TWO KEY QUESTIONS • Tort law is designed to answer two critical questions: • Who is liable for harm caused by the activity in question? • How much should the liable person have to pay? (damages) • What are the goals of awarding damages? • Compensation • Deterrence • In some cases, punishment

ROTATING ACTIVITY • Assume that a civil suit is brought by the injured person in each of cases. • 1. Identify the plaintiff and the defendant(s) in each case • 2. Determine if the defendant should pay for the plaintiff’s damages.

THREE CLASSES OF TORTS • Intentional tort—i. e. assault • Example 1: Ben gets mad at Bart and punches him in the nose.

THREE CLASSES OF TORTS • Negligent tort--negligence • Example 2: Mary carelessly runs a red light and hits Tim’s car, damaging both the car and Tim.

THREE CLASSES OF TORTS • Strict liability tort—unreasonably dangerous actions • Example 3: Joe owns a tiger rehabilitation center and a tiger gets loose and kills 3 people

INTENTIONAL TORTS -Torts that injure persons -Torts that injure property

INTENTIONAL TORTS—INJURY TO PERSONS • Battery—intentional harmful or offensive contact (touching) • Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress • Conduct must be outrageous • Assault—action that puts another person in fear of an immediate harmful or offensive contact • Actual contact is not required

INTENTIONAL TORTS—INJURY TO PERSONS • Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation • Must be a statement of fact, not opinion • “Public figures” must prove actual malice (intent to harm, not just intent to say something)

INTENTIONAL TORTS—INJURY TO PROPERTY • Real property—land/real estate • Trespassing • Nuisance (interfering with ability to enjoy one’s property • Personal property—things that can be moved • Intellectual property—inventions and creative works • All are protected in our system!

DAMAGES IN INTENTIONAL TORT CASES • Compensatory—damages that compensate the plaintiff for harm caused by the defendant • Examples? • Lost wages, medical bills, “pain and suffering, ” loss of consortium • Nominal—a small or “token” amount of damages awarded as a symbol of wrongdoing • Punitive—damages to punish the person committing the intentional tort

NEGLIGENCE A very broad term: the failure to exercise a reasonable amount of care in either doing or not doing something, resulting in the harm or injury of another person.

FOUR ELEMENTS • Duty—defendant owes a duty of care to the plaintiff (judge decides)—a legal obligation • i. e. lifeguard has a duty to save someone who is drowning, but a stranger passing by may not • Breach of duty—defendant’s conduct violated that duty (jury decides) • Causation—the defendant’s conduct legally caused the plaintiff’s injuries/harm • Damages—plaintiff suffered actual injuries or losses

BREACH OF DUTY—THE “REASONABLE PERSON” STANDARD • Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”

DAMAGES • Goal—restore the plaintiff to pre-injury condition (to extent possible) • Money is the primary remedy • Examples of damages: • Hospital and medical bills • Lost wages (past) • Lost future earnings • Property damage • Pain and suffering • Emotional distress • Mental/physical disabilities

WHAT IS STRICT LIABILITY? • Strict liability= liability without fault • Elements: • Causation (have to prove it is a unreasonably dangerous activity to which SL is applied) • Damages • Does not require proof of duty owed nor breach of duty, as required in negligence cases

THREE TYPES OF ACTIVITIES • Strict liability applies to: • Dangerous (“ultra hazardous”) activities—an activity where risk cannot be eliminated even by reasonable care • (1) wild animals kept as pets; and (2) domesticated animals whose tendency to bite is known • Defective (“unreasonably dangerous”) products

ROTATING ACTIVITY Revisit our civil cases and decide what type of tort is involved: • Intentional tort • Negligence • Strict liability tort