Notes on Torts, Negligence, and Strict Liability

* A tort (in French, meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those harmed II. Classification of Torts * In the US, torts are classified as intentional, negligent, or strict liability. * Negligent Torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm * Strict-Liability Torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes * Intentional Torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result * The more “willful” of torts, share the common element of intent. This intent is not harm but rather to engage in a specific act, which ultimately results in injury, physical or economical, to another. Motive is not required to prove liability in an intentional court case. Assumes that people intend the normal consequences of their actions. * Intentional torts are divided into three types: 1. Intentional torts against persons - intentional acts that harm an individual’s physical or mental integrity. A. Assault and Battery – An assault occurs when one person places another in fear or apprehension (apprehension does not equal fear) of an immediate, offensive bodily contact. An assault is often (not always) followed by a battery, an intentional, unwanted, offensive bodily contact. A limited number of defenses are available to an action for a battery; consent