Torts Civil Wrongs Tort • When someone commits a wrong in civil law Torts • The harmed individual is known as the plaintiff Torts • The harmed individual is known as the plaintiff • The plaintiff wishes to seek a judgment against the defendant (the wrongdoer) Torts • The harmed individual is known as the plaintiff • The plaintiff wishes to seek a judgment against the defendant (the wrongdoer) • If found guilty, the defendant must pay damages (there is no jail time) Two Rules govern Tort Law • 1) Who is responsible, liable? Two Rules govern Tort Law • 1) Who is responsible, liable? • 2) How much should be paid? In a tort, 1 of 2 things has happened In a tort, 1 of 2 things has happened • 1) a person has caused injury to another person, and/or their property In a tort, 1 of 2 things has happened • 1) a person has caused injury to another person, and/or their property • They seek a remedy In a tort, 1 of 2 things has happened • 1) a person has caused injury to another person, and/or their property • They seek a remedy • A person has failed to exercise reasonable care In a tort, 1 of 2 things has happened • 1) a person has caused injury to another person, and/or their property • They seek a remedy • A person has failed to exercise reasonable care • They seek legal liability Tort law provides a legal process for people to recover damages from wrongdoers Tort law provides a legal process for people to recover damages from wrongdoers • Generally the two sides will meet and work out a settlement Tort law provides a legal process for people to recover damages from wrongdoers • Generally the two sides will meet and work out a settlement • IF a settlement cannot be reached, then a person may decide to sue Tort law provides a legal process for people to recover damages from wrongdoers • Generally the two sides will meet and work out a settlement • IF a settlement cannot be reached, then a person may decide to sue • 90% of tort cases end in a settlement Types of Torts • Intentional Wrong – when a person acts with the intent of injuring a person/property Types of Torts • Intentional Wrong – when a person acts with the intent of injuring a person/property • Joe gets angry and punches the window of Julia’s car, breaking it Types of Torts • Negligence – person fails to use reasonable care, and causes harm Types of Torts • Negligence – person fails to use reasonable care, and causes harm • Alison is texting while drinving, and hits a pedestrian Types of Torts • Strict Liability – person engaged in an activity so dangerous that there is serious risk of harm even if the person acts with the utmost care Types of Torts • Strict Liability – person engaged in an activity so dangerous that there is serious risk of harm even if the person acts with the utmost care • Brian is demolishing his house when Clarissa walks by and is struck in the head with a brick from the explosion