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Understanding Torts: Definition, Elements, and Vicarious Liability

Learn about the legal concept of a tort and how it differs from a crime. This chapter explains the essential elements of a tort and explores the doctrine of vicarious liability.

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Understanding Torts: Definition, Elements, and Vicarious Liability

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  1. Define the Legal Concept of a Tort and Distinguish It From a Crime. Analyze and Comprehend the Elements of a Tort. Comprehend the Legal Doctrine of Vicarious Liability. Chapter 6 Slide 1 BHS Law Related Education Law II Chapter 6 Personal Injury Law Chapter 6-1 Lesson Objectives

  2. A. A tort is a private or civil wrong committed by one person against another. B. Tort law deals with situations where a person's behavior has unfairly caused someone to suffer loss or harm. C. A tort is not necessarily a criminal act but causes harm. 1. If someone commits a tort, the person injured can sue the responsible party for money damages. 2. The money is intended to compensate for the injury. Chapter 6 Slide 2 BHS Law Related Education Law II Chapter 6 Personal Injury Law I. What is a Tort?

  3. A. Crimes (Criminal Law-Public Disputes) 1. A crime is an offense against society. It is a public wrong. 2. If someone commits a crime they are punished by the government. B. Torts (Civil Law-Private Disputes) 1. A tort is an offense against an individual. It is a private wrong. 2. If someone commits a tort they can be sued for money damages. Chapter 6 Slide 3 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law II. How Do Crimes and Torts Differ?

  4. A. In all tort cases there are two essential issues that must be addressed: 1.LIABILITY- Who is responsible. 2.DAMAGES- Compen$ation for the injured person. Chapter 6 Slide 4 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law III. Essential Issues of Tort Cases

  5. A. Liability 1. DUTY(A legal obligation to do or not do something) 2. BREACH(Violation of the duty) B. Damages 3. INJURY (A harm recognized by law) 4. CAUSATION(Proof that Breach caused injury) Foreseeable Risk-a danger which a reasonable person should anticipate as the result from his/her actions. Chapter 6 Slide 5 BHS Law Related Education Law II Chapter 6 Personal Injury Law IV. Elements of a Tort

  6. C. Elements of a Tort 1. You must prove all elements to show that someone is responsible for committing a tort. 2.Accordingly, when defending a claim of tort, you may present facts to show that any or all of the elements have not been proved. Chapter 6 Slide 6 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law IV. Elements of a Tort.

  7. D. Ch. 6-1 TCAE #10 Duty What evidence is there of Phillip’s duty? Breach How did Phillip violate the duty? Injury What is injury & how do you prove damages? Causation What is the link between the injury and the breach of duty? Chapter 6 Slide 7 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law IV. Elements of a Tort.

  8. D. Ch. 6-1 TCAE #10 Injury Damage to car How do you prove damages? Causation What is the link between the injury and the breach of duty? Chapter 6 Slide 8 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law IV. Elements of a Tort.

  9. A. Underthe legal doctrine of Vicarious Liability one person may be held liable for the torts of another. B. Examples of vicarious liability include; 1. Host liability 2. Corporate/Employer liability 3. Parental liability C. In each case, circumstances must show that someone should have known of the danger and prevented it. Chapter 6 Slide 9 BHS Law Related Education Law I Chapter 6 1 The Rule of Law BHS Law Related Education Law II Chapter 6 Personal Injury Law V. Vicarious Liability

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