1. Chapter 18

2.  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
Key Differences
 Parties
 Burden of Proof
 Remedies

3. 1. Who is liable for harm caused
by the activity in question?
Liable- Legal responsibility for an
act
2. How much should the liable
person have to pay? (damages)
 What are the goals of awarding
damages?
• Compensation
• Deterrence
• In some cases, punishment

4. • Whenever a person or property is injured, someone has to pay for
the costs associated with the injury
• Tort law the is concerned with determining who must pay and how
much they are liable.
• Remedy- Something to make up for harm done, ordered by the
court in a civil case
• Settlement- Mutual agreement between parties in a Civil law suit,
prior to final judgment, usually to avoid a trial, a settlement is
legally binding
• 90 % of all civil cases end with a settlement versus going to
court

5. Negligent tort - negligence
 Example 1: Mary carelessly runs a
red light and hits Tim’s car,
damaging both the car and Tim.
Intentional tort - assault
 Example 2: Ben gets mad at Bart
and punches him in the nose.
Strict liability tort - defective
(unreasonably dangerous) product
 Example 3: Joe takes an over-the-
counter medication and has an
adverse reaction

6.  In a Civil Case the injured party [plaintiff] brings a
law suit against the person that caused the harm
[defendant]
 Standard of Proof- Amount of evidence needed to
win a case. Is much less in a Civil Case, simply
more than 50% of the evidence must show that the
defendant was liable.
 A person can never go to jail for committing a Tort,
only a Crime can send a person to jail. Remember
some torts are also crimes, but must be tried in
separate cases.

7.  Almost anyone can be sued including Individuals,
groups, organizations, businesses, and even units of
government can be sued.
 Plaintiffs may sue multiple defendants looking for the
one with Deep Pockets
 Sometimes a group of people will bring a lawsuit
against a person or company. Class Action [law
suit]- Lawsuit brought by one or more persons on
behalf of a larger group [class]
 Children can be sued, but to recover damages from
a Minor a plaintiff must show the the child acted
unreasonably for their age and experience.

8.  Parents generally cannot be sued by their children
 A spouse generally cannot be sued by their
spouse
 The State and Federal Government cannot be
sued unless they Waive- Give up their right to be
sued “The King can do no Wrong”
 Federal Tort Claims Act makes the government
liable for negligent acts by employees

9.  Workers compensation works to automatically
compensate employees who are injured on the job
 Workers that are injured do not have to go to court to
gain benefits, even if they were at fault
 In exchange for this agreement workers usually give
up the right to sue their employer for the injury
 Most states limit the benefits for employees that fail to
follow safety guidelines or may deny benefits if the
employee was impaired by drugs or alcohol

10.  Liability insurance - protects the
insured against liability for negligent
torts
 CGL (comprehensive general
liability) is carried by most
businesses
• Usually includes coverage for defective
products
• Intentional torts are usually not covered
 Malpractice insurance -
specialized insurance for
professionals (doctors, lawyers,
etc.) Coverage up to policy limits

11. Chapter 19

12.  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 tort

13.  Battery—intentional harmful or
offensive contact (touching)
Examples
 Shoving
 Hitting
 Slapping

14.  Assault—action that puts another
person in fear of an immediate
harmful or offensive contact
 Actual contact is not required

15.  Infliction of emotional distress—
words or actions intended to cause
extreme anxiety or emotional distress
 Conduct must be outrageous

16. False Imprisonment —intentional,
wrongful confinement of a person
against his will
Example:
 restraining a suspected shoplifter
 Allowed, but must be reasonably
brief and use no greater restraint
than necessary to protect property

17. 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)

18.  Real property—land/real estate
 Personal property—things that
can be moved
 Intellectual property—inventions
and creative works

19. Trespass—entry onto real property
without owner’s permission
 Can a trespasser sue you for
damages if they hurt themselves
while trespassing?
 Only for things like booby-traps
 Higher duties are owed to guests and
business invitees

20. Nuisance—unreasonable interference
with ability to use and enjoy property
Examples
 Repetitive loud noises at
unreasonable times of day
 Odors
 Plaintiff can recover damages
and/or receive injunctive relief
(stop doing it!)

21. Conversion—unlawfully exercising
control over another person’s personal
property
 May use reasonable force to protect
property
 Some states allow use of deadly
force (“Make My Day” laws)

22. Infringement—unauthorized use of a
patented or copyrighted work
 Patents protect inventions for 20 years; after
that, the invention becomes public domain
 Must be granted by US Patent and
Trademark office
 Copyrights apply automatically when a
work is created Covers the work for the
lifetime of the holder, plus 70 years

23. 1. Consent—no intentional tort occurs
if a person consents to the conduct
(e.g., football players, boxers,
wrestlers)
2. Privilege—some persons have
lawful authority over others (police,
parents, etc.)
3. Self-defense—must use reasonable
force
4. Defense of property

24. Chapter 20

25.  Duty—defendant owes a duty of
care to the plaintiff (judge
decides)
 Breach of duty —defendant’s
conduct breached or violated that
duty (jury decides)
 Causation —the defendant’s
conduct legally caused the
plaintiff’s injuries/harm
 Damages —plaintiff suffered
actual injuries or losses

26.  Negligence cases are decided
based on whether a person’s
conduct conforms to that of “the
reasonable person of ordinary
prudence or carefulness”
 Reasonableness—must evaluate:
• Likelihood of harm
• Seriousness of harm
• Burden/cost of avoiding harm
 Criminal acts may constitute breach
of duty as a matter of law
(negligence per se)

27. Two concepts:
• Cause in fact —harm would not have
occurred without the wrongful act
• Proximate cause —the harm was
reasonably foreseeable as a
consequence of the wrongful act

28.  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 disabilities
• Loss of consortium

29. Contributory negligence
• The Plaintiff's negligence contributed to
the harm suffered
Comparative negligence
(responsibility)
• Plaintiff’s recovery reduced by own
percentage of responsibility
• Most states bar recovery if plaintiff
>50% responsible
Assumption of Risk

30. Chapter 21

31.  Strict liability= liability without fault
 Elements:
 Causation
 Damages
 Does not require proof of duty owed nor
breach of duty, as required in negligence
cases

32.  Strict liability applies to:
 Dangerous (“ultrahazardous”)
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 known
 Defective (“unreasonably
dangerous”) products

33.  Defective Design —product was
made according to specs, but the
design is bad
 Manufacturing Defect —design is
OK, but the product wasn’t
manufactured properly
 Failure to Warn —
Instructions/Precautions/ Warnings
were not adequate to protect the
consumer

34.  Intervening or super-ceding
cause —the defect did not cause
the injury
 Misuse—some misuse is
foreseeable and therefore
manufacturers must guard against
or adequately warn