Tort Law Overview

Tort Law Definition

• A tort is a civil wrong that results in harm or loss, leading to legal liability for the responsible party.

Types of Tort

• Intentional tort: Deliberate actions intended to cause harm, including assault, battery, and defamation.
• Negligence: Failure to exercise reasonable care, resulting in harm to another person. This often occurs in car accidents.
• Strict liability: Liability regardless of fault, typically in cases involving hazardous activities or defective products.

Elements of Negligence

• Duty of care: The obligation to act with reasonable care towards others.
• Breach of duty: Failure to meet the standards of care expected in a given situation.
• Causation: Establishing a direct link between the breach of duty and the harm sustained.
  • Actual cause: The direct cause of the injury.
  • Proximate cause: The foreseeable cause of the injury.
• Damages: Actual harm or injury that has occurred.

Defenses to Tort Claims

• Contributory negligence: If the plaintiff contributed to their own injury, it may limit or bar their recovery.
• Comparative negligence: Allocates fault between parties, reducing the damages awarded based on the percentage of fault each party bears.
• Consent: If the injured party consented to the risk of harm.

Damages in Tort Cases

• Compensatory damages: Compensation for actual losses, including medical expenses.
• Punitive damages: Awarded to punish the wrongdoer and deter future misconduct, typically in cases of gross negligence or intentional harm.

Social Function of Tort Law

• Tort law enforces societal standards of behavior, holding individuals accountable for their actions and providing remedies for victims.