Introduction to Torts: Civil Law - PowerPoint Presentation

Slide1

Introduction to Torts:Civil LawSlide2

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 crimeSlide3

Definition of a tort

A wrongful act that unfairly causes someone else to suffer loss or harm. Slide4

Key Differences

In what ways are torts different from crimes?

Parties

Burden of ProofRemediesWhat is the most common remedy in a tort case?Slide5

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, punishmentSlide6

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.Slide7

Three Classes of Torts

Intentional tort—i.e. assault

Example 1: Ben gets mad at Bart and punches him in the nose.Slide8

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.Slide9

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 peopleSlide10

Intentional torts

-Torts

that injure persons

-Torts that injure propertySlide11

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

requiredSlide12

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)Slide13

Intentional Torts—Injury to Property

Real property—land/real estate

Trespassing

Nuisance (interfering with ability to enjoy one’s propertyPersonal property—things that can be moved

Intellectual property—inventions and creative works

All are protected in our system!Slide14

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 tortSlide15

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. Slide16

Four Elements

Duty—defendant owes a duty of care to the plaintiff (judge decides)—a

legal

obligationi.e. lifeguard has a duty to save someone who is drowning, but a stranger passing by may notBreach 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 lossesSlide17

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”Slide18

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 disabilitiesSlide19

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)DamagesDoes not require proof of duty owed nor breach of duty, as required in negligence casesSlide20

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 knownDefective (“unreasonably dangerous”) productsSlide21

Rotating activity

Revisit

our civil cases and decide what type of tort is involved:

Intentional tortNegligence

Strict

liability tort