Torts


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:

  1. Intentional Torts.
  2. Negligence.
  3. 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.

  1. Assault. [Defendant reasonably causes the plaintiff to apprehend that in imminent harmful or offensive contact]
  2. 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.

  1. If the plaintiff saw the defendant spit but missed it.
  2. If the plaintiff did not see the defendant spit on him/her but later knows about it.
  3. If the plaintiff saw the defendant spit and the spit hit the plaintiff.
  1. It is assault because there was apprehension, but there was no contact.
  2. It is battery because there was no apprehension, but there was contact.
  3. It is both because there was apprehension and there was contact.
  1. [See above.]
  2. [See above.]
  3. False Imprisonment.
  4. Intentional infliction of emotional distress.
  5. Defamation. [Including written defamation: libel and spoken defamation: slander]
  6. Trespass to land.
  7. Trespass to chattels. [Chattels are movable items, such as a car or a piece of furniture]
  8. 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:

  1. 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]
  2. Breach. [If the defendant fails to meet the duty of care.]
  3. Causation.
  4. Damage.

Strict Liability

  1. Keeping wild or abnormally dangerous animals. [For example, if a wild animal in a zoo hurts a tourist, the zoo is liable]
  2. 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.]
  3. Product liability for defective goods.

Great Source for torts:

Video below: Law School Toolbox — “Law Every 1L Should Know — Torts”.

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