10 Questions
What are the two most common types of claims in civil litigation?
Contract and tort claims
What is the primary purpose of tort law?
To compensate the plaintiff for harm suffered
What is the origin of the word 'tort'?
French word for 'wrong'
What is an example of a historical concept that is similar to modern tort law?
Blood-money
What is one of the dimensions of tort principles?
Fault
What is the primary difference between tort law and criminal law?
The focus on injury to the plaintiff
What is the standard of fault in tort law that holds a defendant liable even if they have taken all possible precautions?
Strict liability
What type of tort suit is most likely to rely on intentional fault?
Crime resulting in injury
What is the primary factor that determines tort liability in cases of negligent conduct?
The level of carelessness or unreasonable risk
What type of injury is most likely to be the basis of a tort lawsuit?
Physical harm to the person
Study Notes
Tort Laws and Liability
- In civil litigation, contract and tort claims are the most numerous.
- The law aims to compensate for harms done by awarding damages to a successful plaintiff who demonstrates that the defendant was the cause of the plaintiff's losses.
Definition of Tort
- The term "tort" means "wrong" in French and is derived from the Latin word "tortum," meaning "twisted or crooked or wrong."
- The idea of tort law is ancient, with the concept of "recompense" for injury dating back to ancient Greek life.
Dimensions of Tort
- Tort principles can be viewed along different dimensions, including fault and nature of injury.
- The fault dimension requires a wrongful act by a defendant for the plaintiff to recover, but unlike criminal law, there need not be a specific intent.
Fault Dimension
- Tort law focuses on injury to the plaintiff, and is less concerned about the reasons for the defendant's actions.
- An innocent act or a relatively innocent one may still provide the basis for liability.
- Standards of fault include willful conduct, intentional injury, and negligence.
- The most obvious standard is willful conduct, where the defendant intentionally injures another.
- Negligent conduct that poses unreasonable risks of causing damage is also a basis for liability.
- Strict liability is a type of fault where the defendant is held liable despite observing all possible precautions.
Nature of Injury
- Tort liability varies by the type of injury caused, including physical harm to the person, emotional distress, and wrongful death.
- The nature of injury can include assault, battery, infliction of emotional distress, negligent exposure to toxic pollutants, and wrongful death.
Learn about the different types of torts, including intentional, negligent, and strict liability torts, as well as available defenses to tort claims in civil litigation.
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