Transcript Civil Law Chapter 3

Civil Law Unit 3
Torts
Terms
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Tort:
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Plaintiff:
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Defendant:
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Remedy:
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Damages:
Tort Law
Problem 18.1 pg 214—work with a partner.
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Turn
in.
Tort law deals with
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1.
Who should be responsible (or Liable) for
harm caused by human activity
2.
How much should the responsible person
have to pay?
Torts
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What does tort law provide?
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Remedy—something to make up for the
harm done
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Usually takes the form of MONEY
Tort law establishes
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Standards of care that society expects
from its members AND
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Requires people to act with reasonable
care toward people and their property
Liability
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Liability is
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Liability is NOT
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a legal process to recover monetary damages fro
wrongdoers who cause them harm.
What is a settlement?
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the same as MORAL responsibility
Tort law provides
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legal responsibility for harm
Agreement b/t 2 parties about how to compensa
the injured person
Pg 214--read together in class (3 remedies)
Torts—Yesterday, Today, and Tomorrow
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History
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Common Law
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Usefulness v Harm
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Individual Choice
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Do: Case: p 217 a-d
Types of Torts
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Intentional Wrong
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When a person acts
with the intent of
injuring a person,
property, or both
May also be a CRIME
Negligence
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Strict Liability
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No need to prove intent
Applies to dangerous
activities/items
Three categories:
1. Owners of dangerous animals
2. People engaged in highly
Unintentional &
dangerous activities
happens when a
person fails to use
3. Manufacturers & sellers of
dangerous products
“reasonable care” &
somone/thing is
 Do: Prob. 18.3, pp 218.
harmed
Taking your case to court
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Some acts can be a crime and a tort
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Examples:
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Burden of Proof:
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In a Criminal Case is
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Beyond a reasonable doubt
In a Civil Case is
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Murder (wrongful death)
Assault/battery
By a preponderance of the evidence
“Deep Pockets” legal concept is
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Including in a lawsuit a person or organization who
is best able to pay damages (many defendants)
Who can be sued?
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Children/minors
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Prove that the child
acted unreasonably
for a person their age
& experience
Parents
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For “non-supervision”
of the minor/child
Business Owners &
Employees
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Called: “Respondent
Superior”
“vicarious responsibility”
Many individuals
harmed by one
person/entity
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Called: “Class Action”
Exxon Valdez Oil Spill
http://library.thinkquest.org/10867/documents/cases/index.shtml
Lawyers in civil cases
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What attorneys do
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File legal papers
Negotiate
Go to trial
How attorneys are paid
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Contingency fee
Fixed fee
Resolving tort cases out of court
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Dispute Resolution
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Negotiation
Mediation
Insurance
Worker’s Compensation
Insurance
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Automobile Insurance
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Liability Insurance
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Contract
Premium
Types: Malpractice
Do: P 225, Problem 18.7
Medical Coverage
Collision Coverage—
deductible
Comprehensive Coverage
Uninsured/underinsured
motorist
Worker’s Compensation
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Exclusive Remedy:
$$ recovered is
limited
No other remedy can
be sought
Emotional damages,
pain & suffering, etc.
not covered by Work
Comp
Intentional Torts
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Intentional Tort:
Two Types of Intentional Torts:
(Review)
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Torts which cause injury to people
READ: pp 230-237
Torts which cause harm to property
Intentional Torts—Damages
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Compensatory
Damages:
Nominal Damages:
Punitive Damages:
No Damages:
(legal defense)
Torts that injure people
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Assault & Battery
Intent in tort cases
Defenses for assault and battery
cases:
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Consent
Privilege
Self-defense
Torts that injure people
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Infliction of mental
distress
False Imprisonment
DO: p 234 Bullying
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A
B
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C
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Torts that injure people
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Defamation
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Slander
Libel
Torts that harm property
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Tort law protects
property in two
ways:
1.
2.
Real Property
Personal Property
Real Property Torts
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Trespass
Nuisance
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Injunction
When are you
responsible?
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Attractive nuisance
Torts that harm property (cont)
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What is your duty as an
owner/occupier with any of
these?
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Trespasser
Licensee
Invitee
Do: p 239 YOU BE THE JUDGE
Torts that harm property (cont)
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Personal Property
 Conversion
Deadly Force
Defenses to Intentional Torts
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Consent
Privilege
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Self-Defense
Defense of property
Do: p 248 YOU BE THE JUDGE
Negligence
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How does the law view negligence?
What kind of wrongful conduct is classified
as negligence?
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Elements of negligence:
1.
2.
3.
4.
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Duty
Breach of Duty
Causation
Damages
ALL ELEMENTS MUST BE PRESENT TO
PROVE NEGLIENCE!
Negligence: Duty & Breach
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Reasonable Care
Standard
Who does this apply
to?
Relationships?
Certain occupations?
Do: p 252, Problem 20.1
Negligence: Causation
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Proving causation comes
after proving duty and
breach
Causation:
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Cause in Fact
Legal Cause
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(or Proximate)
Forseeable harm
Damages
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Once duty, breach and causation
are proved, the last element to
prove is damages
Damages can be the following:
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Hospital bills
Lost wages
Damage to property
Reduced future earnings
Pain & suffering
Mental distress
Permanent physical losses
Reasonable Person Standard
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Imaginary creature
“the reasonable person of
ordinary prudence or
carefulness”
NOT a typical, average individual
The reasonable person acts the
ways a community EXPECTS its
members to act, not as they
usually do act.
Behavior of a reasonable person
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The reasonable
person
1.
2.
3.
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Considers …
Considers …
Considers …
Professionals
Defenses to Negligence Suits
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Contributory Negligence
Comparative Negligence
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Counterclaim
Assumption of Risk
Immunity
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Waive
Federal Tort Claims Act
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Allows Government to be
sued for acts performed
by employees
Does not cover intentional
or strict liability torts
The President, Federal
Judges, and members of
Congress are immune
from tort liability
Strict Liability
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Strict Liability is an
exception to tort law:
Strict Liability is
applied to ultrahazardous activities
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Storing or transporting
dangerous substances
Blasting
Harm caused by
dangerous animals
Manufacture and sale
of dangerous, defective
consumer products
Only must prove
causation and
damages!
Toxic Torts
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1960’s
consciousness was
raised
Previously,
industrial
manufacturers
disposed of waste
by dumping it into
the nearest
river/landfill
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Toxic Tort law was
developed to allow
injured parties to
recover from
industrial polluters
if the parties could
prove causation.
Animals
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When is a pet owner
liable?
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When the animal is
inherently dangerous
If s/he knew or should
have know that the
“domesticated” animal
was dangerous
“one free bite”—may
NOT be free
Dangerous Products
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Product Liability: the legal responsibility of
manufacturers and sellers for injuries
caused by defective products they produce
or sell
Law: U.S. Consumer Product Safety
Commission (1922)
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Dalkon Shield
Vioxx
Defenses to Strict Liability
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Since the Plaintiff does
not have to show duty
nor breach of duty,
these cases are
“easier” to win
Defense:
Misuse:
Clarification:
Tort Reform
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Tort law system
should:
Problems with tort suits:
Tort Reform:
 Cap on non-economic
damages
 Limitation on attorney's
fees
 Allows consideration of
"collateral sources" in
measuring damages
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Tort Reform (cont):
Mandates periodic
payment of damages
 The measure requires
that all future damages
over $50,000 be made
in periodic payments.
This substantially
reduces the value of
the award.
How do Democrats and
Republicans stand on
tort reform issues?
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http://www.newsbatch.com/tort.htm