Torts

  • Overview of Law Sources

    • Constitution

    • Statutes

    • Administrative Rules

    • Court Decisions

  • Introduction to Torts

    • Definition: Torts are civil wrongs resulting in harm for which a remedy may be obtained through a lawsuit.

    • Distinction from Criminal Law:

      • Criminal law is pursued by the government against an individual for violation of law.

      • Tort law involves personal harm and is initiated by the injured party (plaintiff) seeking compensation from the alleged wrongdoer (defendant).

  • Understanding Torts

    • The term "tort" originates from the French word meaning "wrong".

    • Three types of torts:

      • Intentional Torts:

        • Occurs when the defendant intentionally engages in actions that cause harm.

        • Example: If someone throws a bottle intending to hit another person.

      • Negligent Torts:

        • Occurs due to unintentional harm caused by failing to act as a reasonable person would under similar circumstances.

        • Example: A driver texting while driving and hitting another car.

      • Strict Liability:

        • Liability imposed regardless of fault or intention, often for activities deemed inherently dangerous or for defective products.

        • Example: A defective product causing injury without regard for the manufacturer's state of mind.

  • Burden of Proof in Civil Cases

    • Preponderance of the Evidence: The plaintiff must prove that it is more likely than not that their allegations are true.

    • Comparison with Criminal Cases: In criminal cases, the standard is "beyond a reasonable doubt".

  • Intentional Torts in Detail

    • Elements include: Intention to cause consequences, actual harm resulting from the act.

    • Example: Defamation claims (false statements causing harm to reputation).

    • Defamation Definition:

      • False statement about an individual

      • Harms their reputation

      • Must be published (heard by at least one other person)

      • Actual Malice: Required for public figures to prove that the defendant knew the statement was false or acted with reckless disregard for the truth.

  • Intentional Infliction of Emotional Distress

    • To prove this tort, plaintiff must show:

      • Outrageous conduct that exceeds social norms.

      • Intent to cause emotional distress or reckless disregard of the likelihood of causing distress.

      • Resulting severe emotional distress to the plaintiff.

  • Negligence Torts

    • Essential Elements:

      • Duty: Obligation to avoid causing harm.

      • Breach: Failure to meet that duty.

      • Causation: The breach must be the direct cause of the injury (but for test).

      • Damages: Actual harm must have occurred.

    • Example: If someone fails to clear snow from a sidewalk and a person slips and falls, the sidewalk owner may be liable for negligence.

  • Strict Liability Overview

    • Holds defendants liable for harm caused by their actions regardless of intent or negligence.

    • Often applies to defective products:

      • Manufacturing Defect: Product not made according to specifications causing harm (e.g., missing parts).

      • Design Defect: Flaw in the design that makes the product unsafe.

      • Failure to Warn: Not providing sufficient warnings about potential dangers associated with the product.

  • Defenses in Tort Law

    • Comparative Negligence: Apportioning fault between parties.

    • Assumption of Risk: Plaintiffs who knowingly take risks may not recover damages.

    • Statute of Limitations: Time limits on how long a plaintiff has to bring a lawsuit.

  • Conclusion

    • Torts are civil actions for wrongs done; understanding the distinctions is crucial.

    • Knowledge of torts and their elements is necessary for legal proceedings and to avoid liability.