Tort Law: Negligence

Overview of Tort Law

• Definition of Tort: A tort is a private wrong committed by one person against another, leading the wronged party to seek compensation for the loss. This contrasts with criminal law, which is an offense against the public at large and punishable by the government.

• Civil Actions:

  • Initiated by private citizens.

  • The person bringing the action is known as the plaintiff.

  • The plaintiff carries the burden of proof, which is the preponderance of the evidence.

  • If the defendant is found liable, they may have to pay damages.

Types of Torts

1. Intentional Torts

• Definition: Occurs when a person knows and desires the consequences of their act.

• Key Element: Intent is essential; if there is no intent, there is no intentional tort. Intent does not need to have hostile or evil motives.

2. Unintentional Torts

• Definition: Arise when the person does not have a mental determination to cause harm.

Common Examples of Intentional Torts

• Nuisance: Interferes with the enjoyment of life and property. Common issues include:

  • Loud noises at night.

  • Noxious odors.

  • Smoke or fumes from nearby properties.

• Defamation: The wrongful act of injuring someone’s reputation, which includes two categories:

  • Libel (written defamation).

  • Slander (spoken defamation).

  • Lawsuit requirements:

    • The statement must be permanent.

    • It should damage reputation.

    • It must be false and communicated to at least one other person.

• Invasion of Privacy: Involves interference with a person's right to be left alone, including:

  • Right to be free from unwanted publicity.

  • Interference in private matters.

Damages in Tort Law

• Types of Damages:

  • Actual Damages: Physical harm must be shown (e.g., broken arm, burned-down house).

  • Monetary Value of Damages: Compensation was claimed or ordered as reimbursement for loss or injury.

• Negligent Torts: The essential idea of damages is straightforward; all injuries can be expressed in monetary terms.

  • The challenge lies in calculating damages, as tangible harm (like a totaled car) is easier to quantify than intangible damages (like loss of eyesight).

Study Guide: Tort Law - Negligence

Overview of Tort Law

• Definition of Tort: A tort is a private wrong committed by one person against another, leading the wronged party to seek compensation for their loss. This contrasts with criminal law, which addresses offenses against the public and is punishable by the government.

Civil Actions

• Initiated by private citizens.

• The person bringing the action is known as the plaintiff.

• The plaintiff carries the burden of proof, which is the preponderance of the evidence.

• If the defendant is found liable, they may have to pay damages.

Types of Torts

1. Intentional Torts

• Definition: Occurs when a person knows and desires the consequences of their act.

• Key Element: Intent is essential; without intent, there is no intentional tort.

2. Unintentional Torts

• Definition: Arise when the person does not have a mental determination to cause harm.

Common Examples of Intentional Torts

• Nuisance: Interferes with the enjoyment of life and property. Common issues include:

  • Loud noises at night

  • Noxious odors

  • Smoke or fumes from nearby properties

• Defamation: The wrongful act of injuring someone’s reputation, which includes two categories:

  • Libel (written defamation)

  • Slander (spoken defamation)

  • Lawsuit requirements:

    • The statement must be permanent.

    • It should damage reputation.

    • It must be false and communicated to at least one other person.

• Invasion of Privacy: Involves interference with a person's right to be left alone, including:

  • Right to be free from unwanted publicity

  • Interference in private matters

Damages in Tort Law

Types of Damages:

• Actual Damages: Physical harm must be shown (e.g., broken arm, burned-down house).

• Monetary Value of Damages: Compensation claimed or ordered as reimbursement for loss or injury.

• Negligent Torts: Damages can be expressed in monetary terms, but calculating damages can be challenging. Tangible harm (like a totaled car) is easier to quantify than intangible damages (like loss of eyesight).