Torts - A Civil Wrong

1. Torts - A Civil Wrong Chapter 17

2. What the heck is a tort? In civil law, when a person commits a wrong, we call it a tort A harmed individual becomes the plaintiff The plaintiff seeks a judgment against the defendant Crimes are against society, torts are against an individual personCrimes are against society, torts are against an individual person

3. What the heck� continued The judgment is usually for damages or money An activity can be a tort and a crime examples

4. Examples Christy is staring too much at Kelsey�s boyfriend Corey and Christy gets mad and punches her in the face. Christy has a broken jaw and 4 missing teeth

5. Another example After attending a party at Jay�s house (where I was over served) I drive home drunk. Because I am drunk, I fall asleep at the wheel and go into Draffone�s lawn and run over his mom who is setting up Christmas lights

6. The idea of liability Civil wrongs are governed by tort law Tort law deals with 2 basic questions 1. Who should be responsible or liable,for harm caused by human activities 2. How much should the responsible person have to pay Lots of everyday activities deal with liability, driving a car, speaking, writing, using property can a source of harm, so it is a tort liabilityLots of everyday activities deal with liability, driving a car, speaking, writing, using property can a source of harm, so it is a tort liability

7. More liability A person that is harmed by another can receive a remedy or something to make up for what was lost The law requires us to act with reasonable care toward people and their property - failure may result in legal liability Car accident - $5000, one purpose of tort law is compensate people for their injuries Not always compensated, someone has to be at fault Person can sue the person who acted unreasonably, we hope that by payment of damages future risky behavior will be avoidedCar accident - $5000, one purpose of tort law is compensate people for their injuries Not always compensated, someone has to be at fault Person can sue the person who acted unreasonably, we hope that by payment of damages future risky behavior will be avoided

8. Settlement? Cases don�t have to go to court, the two parties can meet and reach a settlement - which is an agreement on how the injured will be compensated Settlements are much more common than trials - 90% of cases are settled without a trial Scenario -3 way to go Acknowledge wrongdoing and agree to pay what is asked for 2. Claims no responsibility and say you need to sue in court if you want the money 3. Take some responsibility and agree to pay for part of the damagesScenario -3 way to go Acknowledge wrongdoing and agree to pay what is asked for 2. Claims no responsibility and say you need to sue in court if you want the money 3. Take some responsibility and agree to pay for part of the damages

9. Types of torts Intentional wrong - when a person acts with the intent of injuring a person, his or her property, or both Negligence - occurs when a person�s failure to use reasonable care causes harm Examples - smashing of windshield, or slander of another person Drunk driver hits a person, not intent, but doesn�t use reasonable care, back to example in slide 5 Examples - smashing of windshield, or slander of another person Drunk driver hits a person, not intent, but doesn�t use reasonable care, back to example in slide 5

10. Another type of tort Strict Liability - applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care No need to prove negligence or intent 3 people face strict liability 1. Owners of dangerous animals 2. People who engage in dangerous activities 3. Makers and sellers of defective products Construction sites are responsible for injured passerbys, activities so dangerousConstruction sites are responsible for injured passerbys, activities so dangerous