Unit 3

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UNIT 3: TORT LAW

Definition: Tort law is a wrongful act that causes harm to another party person for
which the injured party may request damages.
There are three types of torts:
Intentional torts: An intentional tort is an act that is intentionally committed against
another person to cause harm. Several intentional torts fall into a category, like
assault, battery, conversion, fraud, trespassing, and invasion of privacy. In fact, not
every injury-producing action is caused for an intentional tort lawsuit. The court
will look at the conduct of the defendant to determine whether the actions were
intentional or just reckless behavior.
For example, we usually see the intentional tort in unfair competition case.
Negligent torts: Occur when one party has a duty to another and causes damage or
harm by failing to act following that duty. There are five elements necessary to
prove a negligene case:
+ Defendant owed a duty of reasonable care
+ Defendant did not behave reasonably to demonstrate care
+ Plaintiff suffered an injury as a result of the defendant’s actions or inactions
+ The injury caused actual damages
+ Based on the proximate cause that the defendant’s action or inactions were the
cause of injury
Ex: Causing an accident by failing to obey traffic rules.
Strict liability torts: do not require proof of intent and are only considered under
three circumstances:
+ Harm causes by animals owend by the tortfeasor
+ Abnormally dangerous activities undertaken by the tortfeasor
+ Product liablity.
Ex: Liablity for making or selling defective products, or the dog bite law.
The main difference between the negligent torts and strict liability torts
As you can see from the definitions, strict liability and negligence have something
in common: neither type of tort requires any intent to harm. In other words, in both
strict liability and negligence, you can be found responsible for harm even if you
did not intend to do harm.

So, what are the exact differences in strict liability vs. negligence?

It comes down to the duty of care expected to be carried out by the perpetrator. In
other words, negligent torts have to prove the duty of care, while strict liablity does
not necessarily prove the duty of care. Instead, it assigns liability to an enity whose
actions caused harm even without fault or intent.

Let’s me give you example to explain clearly. A company that sold faulty products
that injured customers may be found strictly liable, not merely as they failed to
exercise a certain the duty of care, but simply their actions (selling harmful
products) resulted in harm.

Another example, in a strict liability dog bite case, the plaintiff only needs to prove
that the dog bit him or her to recover compensation against the owner. On the other
hand, in negligence causes of action, the defendant must prove that the defendant
failed to act as a reasonable person would act under the circumstances to recover
compensation.

The difference between Tort law and Criminal law:

Tort law Criminal Tort

Who was it against? A tort is a wrong which is A crime is a wrong which


committed against an is committed against an
individual individual and the entire
society

Was the act intentional? A tort can be intentional A crime is always


or unintentional. Ex: the deliberate, having mens
defendant may have rea. The defendant goes
intended to cause harm against the established
(assault) or it was an laws.
accident (car accident)

What’s the effect on A tort affects the well- A crime has a greater
society? being of an individual impact on society

What is the remedy? In torts, the remedy is In crimes, the remedy is


compensation. The in the form of
injured party is punishment. The
compensated for the defendant is penalized
damage done by the according to criminal law,
defendant which provides a specifc
remedy for the offence
committed, such as
imprisonment, fines, and
probation

Who can brings an A private individual A govermental body


action? brings an action brings an action against
the wrongdoer

The standard of proof Lower than criminal law Has to prove to beyond
reasonable doubt

Criminal law and tort law tend to overlap. This happens because some
wrongdoings can be classified as both torts and crimes. For example, assault is
a crime (there are laws against assault) and a tort (infringement of personal rights).

Another overlap is where a crime leads to a tort. For example, you’re driving
home right after having too many beers due to a stressful day at work. You hit a
motorcycle, damage it, and cause injuries to the rider. In this situation, the crime
is drinking and driving, and the tort is the injury sustained by the motorist.

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