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Torts_Basic_Chp_18

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					Chapter 18
   CRIMINAL: someone does something
    wrong=CRIME
       Wrong against all of society


   CIVIL: someone does something wrong=TORT
       Wrong against individuals
   Plaintiff=injured party
   Defendant=wrongdoer

   Plaintiff seeks to win a judgment
       Sue for damages (usually money)
   Illegal activity can be both a crime and a tort
       Ex: Breaking into a home
         Crime: prosecuted by state for burglary
         Tort: sue for monetary damages
   Who should be liable?
       Responsible for harm caused
   How much should the responsible person have
    to pay?
   Legal responsibility for harm
   Failure to exercise reasonable care (duty)
    toward someone or their property.
   Does something s/he is not supposed to do.
   Fails to do something s/he is supposed to do.
   Does something s/he should do, or is allowed
    to do, but does it in a careless way that
    endangers others.
   Talk
   Mediation
   Court

   (90% of torts are settled out of court)
   Intentional Wrong=person acts with the intent
    of injuring a person, his/her property or both.
   Ali is mad at Tom so she intentionally smashes a
    window of Tom’s car
     Defendant?
     Plaintiff?
     Sue for?
   Lucy writes a letter telling her friends that Andrew is
    a drug addict even though she knows he is not.
     Defendant?
     Plaintiff?
     Sue for?
   Negligence=unintentional; failure to use
    reasonable care and causes harm.
   Strict Liability=Defendant is engaged in an
    activity so dangerous that there is a serious
    risk of harm even if s/he acts with utmost
    care.
       Owners of dangerous animals.
       People who engage in highly dangerous
        activities.
       Manufacturers and sellers of
        dangerous products.
   Created by
       Common Law: Law made by judges through court
        decisions
       Statutes: Written Laws
   Standard of Proof is a Preponderance of the
    Evidence
       To win, more than 50% of the weight of the evidence
        must be in the plaintiff’s favor
   Individuals, groups of individuals,
    organizations, businesses, units of government.

   Case is filed where the defendant resides or
    conducts business.

   Deep pockets: Try to sue a defendant who has
    enough money to pay for the damages
       You slip on a towel left on the floor by the janitor of
        a restaurant. Who do you sue? Janitor or owner?
   If you can prove that the child acted
    unreasonably for a person of that age and
    experience (usually sue parents—have to prove
    that they were negligent in failing to supervise
    their child.)
   Governments
   Government officials
   Children vs parents
   Husband vs wife
   President
   Federal Judges
   Members of Congress

   For acts carried out within the scope of their
    duties
   Many parties form a “class” and bring lawsuit
    together.
       Whole town gets sick from contaminated drinking
        water
   Attorney does not charge hourly rate.
   Receives portion (usually 30-40%) of recovery.
   Only gets paid if you win.
   Car Liability Insurance
       Contract stating you pay a premium(payment) each
        month and insurance company will pay for damages
        caused by insured and even representation by
        attorney
   Liability Insurance by doctors, lawyers and
    other professionals
       Protect against malpractice; lawsuit against
        professional for negligent practices
   Liability insurance for
       Manufacturers: protection against lawsuits brought
        by customers who are injured using the
        manufacturer's products
       Homeowners & Renters: Covers loss and damages
   Liability Insurance: Required; pays for injuries
    to other people and property if you are
    responsible for an accident.
       Limit on injuries per person
       Limit to total injuries to all persons involved in the
        accident
       Limit on property damage per accident
   You would be liable for the amount left after
    insurance
   Medical Coverage
       Your medical expenses resulting from accident
       Medical expenses of passengers
       No matter who is at fault
   Collision Coverage
       Pays for damage to your own car: pays up to the
        value of the car
       Even if insured person causes the accident
       Deductible: Amount you will pay for repairs before
        insurance pays
   Comprehensive Coverage
       Protects against damages to your car from causes
        other than collisions
           Vandalism, fire, theft
   Un-insured motorist coverage:
       Protects you from other drivers who do not have
        insurance
   No-fault Insurance:
       Pay up to a certain amount for injuries you receive in
        an accident, regardless of who was at fault
         Different from liability-you are at fault
   Compensation for injuries sustained on the job
       Receive portion of salary during recovery
       Medical Expenses
       Waive the right to sue
   Denied Coverage
       Intoxication of employee
       Refusal to follow safety procedure
   Exclusive remedy: Only compensation for on
    the job injuries

				
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