Chapter 8 - Tort Law

Tort

a violation of another person’s rights or a civil wrongdoing that does not arise out of a contract or stature; primary types are intentional, negligent, and strict-liability

Purpose of Tort Law

1. To compensate innocent persons who are injured

2. to prevent private retaliation by injured parties

3. to reinforce a vision of a just society

4. to deter future wrongs

Intentional Tort

The defendant acts with the intention of engaging in a specific act that ultimately results in an injury

Negligent Tort

the defendant fails to act as a reasonable person would act and thereby subjects other people to an unreasonable risk of harm

Strict - liability

the defendant takes an action that is inherently dangerous and cannot be undertaken safely

Intentional tort are divided into

1. against persons

2. against property

3. against economic interests

Torts against persons

intentional acts that harm an individuals physical or mental integrity

ex: assault and battery (intentional physical contact), defamation (false statement), false imprisonment (physical restraint), assault (fear of battery)

Torts against property

trespass to realty

trespass to personal property: temporarily exerting control over another personal property or interfering with right to use it

conversion: person permanently removes personal property from owners possession and control

Nuisance: a person uses their property in an unreasonable manner that harms a neighbors use or enjoyment of their property

Tort against economic interest

interference of contract: occurs when someone intentionally takes action that will cause a person to breach a contact that he or she has with another

Damages available in tort cases

1. compensatory

2. nominal

3. punitive

Compensatory

amount equivalent to all losses caused by the tort including compensation for pain and suffering

Nominal

a trivial amount, to recognizance the defendant committed a tort

Punitive

an amount based in two factors, the severity of the wrongful conduct and the wealth of the defendant