Tort Law
-A crime is an offense against the public at large and is punishable by the government
-A tort is a private wrong committed by one person against another.
-One person's interference with another person’s rights
-It will lead the wronged party to seek compensation for the loss.
Civil Actions:
Brought by private citizens
Person bringing action is known as the plaintiff
Plaintiff has the burden of proof-preponderance of the evidence
Defendant loses if found liable
Usual penalty is money damages
Intentional Torts:
Intentional tort occurs when a person knows and desires the consequences of his or her act.
Unintentional torts occur when the person does not have this mental determination
Intent: the first essential element of any intentional tort. If there is no intent, there is no intentional tort. Intent, as used in tort law, does not require a hostile or evil motive.
Nuisance: the tort of nuisance is anything that interferes with the enjoyment of life and property
Loud noises at night
Noxious odors
Smoke or fumes coming from nearby houses
Defamation: the wrongful act of injuring someones reputation
Categories of Defamation
Libel
Slander
You can sue if the permanent statement
Damages your reputation
Is false
Is communicated to as least one other person
Invasion of privacy
Invasion of property is interfering with a person’s right to be left alone
Includes right to be free from unwanted publicity and interfering with private matters
Damages:
There are two aspects of damages that must be considered: actual, physical harm and the monetary values ascribed to those harms
The first aspect is straightforward- show that you suffered actual injury (broken arm, burned down house ect)
Once you prove the actual, physical harm, the second aspect of damages comes into play: “Money claimed by, or ordered to be paid to, a person as compensation for loss or injury”
Negligent Torts: Damages
The basic idea of damages is fairly simple: All injuries can be reduced to a monetary amount
The real difficulty comes in calculating damages. For example, it is pretty easy to figure out how much a totaled car is worth, but its not so easy to figure out how much eyesight is worth.
-A crime is an offense against the public at large and is punishable by the government
-A tort is a private wrong committed by one person against another.
-One person's interference with another person’s rights
-It will lead the wronged party to seek compensation for the loss.
Civil Actions:
Brought by private citizens
Person bringing action is known as the plaintiff
Plaintiff has the burden of proof-preponderance of the evidence
Defendant loses if found liable
Usual penalty is money damages
Intentional Torts:
Intentional tort occurs when a person knows and desires the consequences of his or her act.
Unintentional torts occur when the person does not have this mental determination
Intent: the first essential element of any intentional tort. If there is no intent, there is no intentional tort. Intent, as used in tort law, does not require a hostile or evil motive.
Nuisance: the tort of nuisance is anything that interferes with the enjoyment of life and property
Loud noises at night
Noxious odors
Smoke or fumes coming from nearby houses
Defamation: the wrongful act of injuring someones reputation
Categories of Defamation
Libel
Slander
You can sue if the permanent statement
Damages your reputation
Is false
Is communicated to as least one other person
Invasion of privacy
Invasion of property is interfering with a person’s right to be left alone
Includes right to be free from unwanted publicity and interfering with private matters
Damages:
There are two aspects of damages that must be considered: actual, physical harm and the monetary values ascribed to those harms
The first aspect is straightforward- show that you suffered actual injury (broken arm, burned down house ect)
Once you prove the actual, physical harm, the second aspect of damages comes into play: “Money claimed by, or ordered to be paid to, a person as compensation for loss or injury”
Negligent Torts: Damages
The basic idea of damages is fairly simple: All injuries can be reduced to a monetary amount
The real difficulty comes in calculating damages. For example, it is pretty easy to figure out how much a totaled car is worth, but its not so easy to figure out how much eyesight is worth.