Torts
Week 1:
Readings: Chapter 1 (principles book)
What is a Tort? You mean a tart? Like a caramel tart?
Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court, whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance, threatening to seriously injure someone is, in tort law, an assault; the victim may be able to sue the perpetrator in civil court for compensation for the emotional distress caused by the tortious assault, while the state may seek jail time for the perpetrator in a criminal court.
In order to win a tort lawsuit, the plaintiff (the person who initiates the lawsuit) must show that the defendant (the person accused of wrongdoing in the lawsuit) had a duty to act in a particular manner, breached that duty, and actual damages or injuries occurred as a result of the breach.
* A tort is actionable at the suit of an individual, or individuals.
The genius of the common law of torts is: (a) To remain constant- developing from ancient common law principles which require human interaction to be placed within different categories such as trespass, negligence and nuisance; and (b) To develop constantly- torts constantly evolve to meet changing social conditions through the creation of ‘new torts’ such as negligence and the removal of old such as strict liability for the escape of dangerous substances.
Elements of a Tort
* There are three basic elements in the law of torts: 1. Loss – experienced by the plaintiff 2. Causation – the loss must have occurred as a consequence of the defendant’s actions 3. Fault – the defendant must be responsible in some way for the particular loss suffered by the plaintiff * There are exceptions, however. For example, no-fault
Readings: Chapter 1 (principles book)
What is a Tort? You mean a tart? Like a caramel tart?
Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court, whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance, threatening to seriously injure someone is, in tort law, an assault; the victim may be able to sue the perpetrator in civil court for compensation for the emotional distress caused by the tortious assault, while the state may seek jail time for the perpetrator in a criminal court.
In order to win a tort lawsuit, the plaintiff (the person who initiates the lawsuit) must show that the defendant (the person accused of wrongdoing in the lawsuit) had a duty to act in a particular manner, breached that duty, and actual damages or injuries occurred as a result of the breach.
* A tort is actionable at the suit of an individual, or individuals.
The genius of the common law of torts is: (a) To remain constant- developing from ancient common law principles which require human interaction to be placed within different categories such as trespass, negligence and nuisance; and (b) To develop constantly- torts constantly evolve to meet changing social conditions through the creation of ‘new torts’ such as negligence and the removal of old such as strict liability for the escape of dangerous substances.
Elements of a Tort
* There are three basic elements in the law of torts: 1. Loss – experienced by the plaintiff 2. Causation – the loss must have occurred as a consequence of the defendant’s actions 3. Fault – the defendant must be responsible in some way for the particular loss suffered by the plaintiff * There are exceptions, however. For example, no-fault