Elements of Torts

Meaning of Torts  Meaning of Torts  A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties.)

The Role of Tort Law Means “wrong” from French originally: –A civil wrong, other than a breach of contract, for which the law provides a remedy –A breach of a duty owed to another that causes harm Compensation for injuries wrongfully inflicted by the defendant on the plaintiffCompensation for injuries wrongfully inflicted by the defendant on the plaintiff Civil, not criminal lawCivil, not criminal law Law is determined in each state--rules varyLaw is determined in each state--rules vary However, the basic principles are similar among all statesHowever, the basic principles are similar among all states Remedies should place injured party in the position he/she would have been in prior to the tortRemedies should place injured party in the position he/she would have been in prior to the tort Fear of tort action deters injurious behavior by othersFear of tort action deters injurious behavior by others Punitive damages punish malicious behaviorPunitive damages punish malicious behavior

Types of Torts –Negligence (Unintentional) –Intentional –Strict Liability (Without fault) –Torts Particular to Property

BUSINESS TORTS and PRODUCT LIABILITY

Torts in the Business Setting There is no such thing as a “business tort” By definition, this means torts that concern businesses Often cases with businesses are settled out of court There are usually big awards, as plaintiffs view businesses as “deep pockets”

Torts Usually Particular to Businesses Fraud Interference With Contractual Relations Interference With Prospective Advantage Premises Liability Product Liability Consumer Products & Negligence Consumer Products & Strict Liability Ultrahazardous Activity