Torts are wrongful actions by one party that cause an injury to another party’s person, reputation, property, or business interests. Torts are classified based on the defendant wrongdoer’s conduct. The common law recognizes two categories of fault-based torts — intentional torts and negligence – and a few types of no-fault or strict liability torts. Intentional and negligent torts require some culpability or fault by the defendant, while strict liability torts impose liability without fault, even when the defendant acted with the utmost care to prevent the plaintiff’s injuries.
Unlike criminal wrongs, torts are civil wrongs that allow injured parties to seek compensatory damages and/or equitable relief for the harms they suffered. Where the defendant’s conduct is particularly egregious, punitive damages may be available to “punish” the defendant.
Unlike criminal wrongs, torts are civil wrongs that allow injured parties to seek compensatory damages and/or equitable relief for the harms they suffered. Where the defendant’s conduct is particularly egregious, punitive damages may be available to “punish” the defendant.
QUESTIONS TO CONSIDER:
As you review the materials for this module, consider the following questions as a guide to your selection of appropriate content and later as a checklist when you review for the quiz or test over this material.
What is the purpose of tort law?
What is the difference between an intentional tort and negligence?
What are the intentional torts against persons? against property?
- What are the elements of each of these torts?
- What defenses, if any, are available for each tort?
What are the elements necessary to establish a cause of action for negligence?
- Why does a defendant’s duty toward the plaintiff depend on who the defendant is (e.g., common carrier, landowner, professional, child, good samaritan)?
- What is the difference bewteen actual and proximate cause in determining if the defendant’s conduct caused the plaintiff’s harm?
- What defenses are available to counter a claim of negligence?
How do the “special” negligence doctrines differ from ordinary negligence?
- What is “negligence per se?” “res ipsa loquitur?” How do these doctrines operate in a negligence lawsuit?
- What is the difference between “dram shop” liability and “social host” liability? Why do these rules exist?
- What are the “special business torts?”
- When do the courts impose strict liability (i.e., liability without fault)? punitive damages? Why?