A tort is a civil wrongdoing, similar to a criminal wrongdoing.
A tort is generally when someone does or fails to do something, causing damages to another person. The person can then sue for monetary damages as a remedy. The person suing is called a “Plaintiff,” and the person being sued is called a “Defendant”.
A criminal offence, on the other hand, is prosecuted by the prosecutors, and the outcome would typically be fines and jail time.
Categories of torts:
- Intentional Torts.
- Negligence.
- Strict Liability.
Intentional Torts
The most important aspect in intentional torts is intent. Intent means the defendant either acted with the purpose of causing a particular result, or knew with substantial certainty that the result would happen.
- Assault. [Defendant reasonably causes the plaintiff to apprehend that in imminent harmful or offensive contact]
- Battery. [Harmful or offensive contact with another person; it does not have to be painful; for example, spitting on someone]
Assault emphasizes the apprehension, and battery emphasizes the actual contact. Let’s use spitting as an example.
- If the plaintiff saw the defendant spit but missed it.
- If the plaintiff did not see the defendant spit on him/her but later knows about it.
- If the plaintiff saw the defendant spit and the spit hit the plaintiff.
- It is assault because there was apprehension, but there was no contact.
- It is battery because there was no apprehension, but there was contact.
- It is both because there was apprehension and there was contact.
- [See above.]
- [See above.]
- False Imprisonment.
- Intentional infliction of emotional distress.
- Defamation. [Including written defamation: libel and spoken defamation: slander]
- Trespass to land.
- Trespass to chattels. [Chattels are movable items, such as a car or a piece of furniture]
- Conversion. [A serious, substantial, or complete interference with the property; the defendant may be forced to pay the full market value]
Negligence
To prove a negligence claim, the plaintiff has to prove four elements:
- Duty. [If the defendant acts as a reasonable person; for example, if you are in a car, you owe a duty to other participants on the road; if you own a store, you owe a duty to the customers; if you hold a hot coffee, you owe a duty to other people and their belongings in the office]
- Breach. [If the defendant fails to meet the duty of care.]
- Causation.
- Damage.
Strict Liability
- Keeping wild or abnormally dangerous animals. [For example, if a wild animal in a zoo hurts a tourist, the zoo is liable]
- Engaging in abnormally dangerous or ultra-hazardous activities. [Examples include blasting or demolishing buildings, transporting highly toxic chemicals or radioactive materials, and operating nuclear power plants.]
- Product liability for defective goods.
Great Source for torts:
Video below: Law School Toolbox — “Law Every 1L Should Know — Torts”.