Torts
You and the Law
11/17/2006
Torts
• Criminal law – something
wrong is a crime
• Civil law – something
wrong is a tort
Two Key Questions
• Who should be held
responsible?
• How much should the
responsible party pay?
Terms in a Tort Case
• Plaintiff
• Defendant
• Remedy – something to make
up for what was lost
• Reasonable Care – liable if you
fail to use reasonable care
Duties
• To do something you are not
supposed to
• To fail to do something you
are supposed to do
• Violation of a something you
are allowed to do (careless)
Sources of Duties
• Laws
• Court Decisions
• Societies values and common
sense
Settlement
• Many seek settlement 1 st
• If no settlement, go to trial
• 90% of tort cases settled
• Freq. dispute is not over
liability but damages
Issues
• Usefulness v. harm
–Car is useful but can harm
• Individual choices
–Alcohol
–Smoking
–Drugs
Types of Torts
• Intentional Torts
–Jim, mad at Mike, smashes Mike’s
windshield
–Jill, mad at Jane, writes letters to
Jane’s friends about Jane’s drinking
• No damages under criminal
court
• Negligence
–Much more
common
–Failure to
reasonable care
• Leaving water on
the floor
• Strict Liability
– Doesn’t matter if you’re careful
or not
–Owners of dangerous animals
–Highly dangerous activities
–Manufacturers of dangerous
products
–Why do we have this?
Burden of Proof
• Criminal case – slightest
doubt, defendant is free
• Civil case – who has more
than 50% of evidence
–No one goes to jail for civil
liability
Who can be sued?
• Individuals, groups,
businesses, organizations, gov,
members of gov
• Employers for action of
employees
• Parents for action of children
Class Action Suit
• When entire class hurt
–Whole town poisoned by
drinking water