Chapter 5 Private vs. Public offenses

Ch. 5-1 Tort Law Crime- An offense against society Crime- An offense against society Tort- A private, or civil wrong Tort- A private, or civil wrong

Damages- A monetary award intended to compensate the injured party for the harm done to her or him. Damages- A monetary award intended to compensate the injured party for the harm done to her or him. –Intended to restrain the injured individual’s desire to exact revenge by taking the law into her or his own hands.

Just like in criminal law, there are certain elements to a tort law. Just like in criminal law, there are certain elements to a tort law. –Duty (a legal obligation to do or not do something) –Breach of Duty –Injury (a harm that is recognized by the law) –Causation (Proof that the breach caused the injury)

Duties created by tort law: Duties created by tort law: –The duty not to injure another (bodily injury, reputation injury, invasion of privacy) –The duty not to interfere with the property rights of others (trespassing) –The duty not to interfere with the economic duties of others

Intentional tort vs. negligence Intentional tort vs. negligence –Intentional tort: When the defendant actually intended to inflict harm by his or her actions. –Negligence: The intent to inflict harm is not required to be prosecuted.

Negligence or intentional tort? While driving to Taco Mayo, you glance down at your phone to call your grandmother and you rear end a car. While driving to Taco Mayo, you glance down at your phone to call your grandmother and you rear end a car. Your boyfriend breaks up with you, so you throw a brick through the windshield of his car and set his house on fire. Your boyfriend breaks up with you, so you throw a brick through the windshield of his car and set his house on fire.

Injury- Generally, injury resulting from the breach of duty must be proven. If you act recklessly, but nobody is injured, there usually is no tort. Injury- Generally, injury resulting from the breach of duty must be proven. If you act recklessly, but nobody is injured, there usually is no tort.

Vicarious (substitute) liability- Someone being held responsible for the actions of another person. Vicarious (substitute) liability- Someone being held responsible for the actions of another person.