1. Introduction to Torts: Civil Law

2. Crimes vs. Torts
A crime is a “public” wrong committed against society (in addition to the specific victim)
A tort is a “private” wrong committed against an individual
The same conduct can be both a tort and a crime

3. Definition of a tort
A wrongful act that unfairly causes someone else to suffer loss or harm.

4. Key Differences In what ways are torts different from crimes? Parties
Burden of Proof
Remedies
What is the most common remedy in a tort case?

5. Two Key Questions
Tort law is designed to answer two critical questions:
Who is liable for harm caused by the activity in question?
How much should the liable person have to pay? (damages)
What are the goals of awarding damages?
Compensation
Deterrence
In some cases, punishment

6. Rotating activity
Assume that a civil suit is brought by the injured person in each of cases. 
1. Identify the plaintiff and the defendant(s) in each case
2. Determine if the defendant should pay for the plaintiff’s damages.

7. Intentional tort—i.e. assault
Three Classes of Torts
Intentional tort—i.e. assault
Example 1: Ben gets mad at Bart and punches him in the nose.

8. Negligent tort--negligence
Three Classes of Torts
Negligent tort--negligence
Example 2: Mary carelessly runs a red light and hits Tim’s car, damaging both the car and Tim.

9. Strict liability tort—unreasonably dangerous actions
Three Classes of Torts
Strict liability tort—unreasonably dangerous actions
Example 3: Joe owns a tiger rehabilitation center and a tiger gets loose and kills 3 people

10. -Torts that injure persons -Torts that injure property
Intentional torts
-Torts that injure persons
-Torts that injure property

11. Intentional Torts—Injury to Persons
Battery—intentional harmful or offensive contact (touching)
Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress
Conduct must be outrageous
Assault—action that puts another person in fear of an immediate harmful or offensive contact
Actual contact is not required

12. Intentional Torts—Injury to Persons
Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation
Must be a statement of fact, not opinion
“Public figures” must prove actual malice (intent to harm, not just intent to say something)

13. Intentional Torts—Injury to Property
Real property—land/real estate
Trespassing
Nuisance (interfering with ability to enjoy one’s property
Personal property—things that can be moved
Intellectual property—inventions and creative works
All are protected in our system!

14. Damages in Intentional Tort Cases
Compensatory—damages that compensate the plaintiff for harm caused by the defendant
Examples?
Lost wages, medical bills, “pain and suffering,” loss of consortium
Nominal—a small or “token” amount of damages awarded as a symbol of wrongdoing
Punitive—damages to punish the person committing the intentional tort

15. negligence
A very broad term: the failure to exercise a reasonable amount of care in either doing or not doing something, resulting in the harm or injury of another person.

16. Four Elements
Duty—defendant owes a duty of care to the plaintiff (judge decides)—a legal obligation
i.e. lifeguard has a duty to save someone who is drowning, but a stranger passing by may not
Breach of duty—defendant’s conduct violated that duty (jury decides)
Causation—the defendant’s conduct legally caused the plaintiff’s injuries/harm
Damages—plaintiff suffered actual injuries or losses

17. Breach of Duty—The “Reasonable Person” Standard
Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”

18. Damages
Goal—restore the plaintiff to pre-injury condition (to extent possible)
Money is the primary remedy
Examples of damages:
Hospital and medical bills
Lost wages (past)
Lost future earnings
Property damage
Pain and suffering
Emotional distress
Mental/physical disabilities

19. What is Strict Liability?
Strict liability= liability without fault
Elements:
Causation (have to prove it is a unreasonably dangerous activity to which SL is applied)
Damages
Does not require proof of duty owed nor breach of duty, as required in negligence cases

20. Three Types of Activities
Strict liability applies to:
Dangerous (“ultra hazardous”) activities—an activity where risk cannot be eliminated even by reasonable care
(1) wild animals kept as pets; and (2) domesticated animals whose tendency to bite is known
Defective (“unreasonably dangerous”) products

21. Revisit our civil cases and decide what type of tort is involved:
Rotating activity
Revisit our civil cases and decide what type of tort is involved:
Intentional tort
Negligence
Strict liability tort