Torts

Homework: read section titled: The Idea of Liability and The Idea of torts: Yesterday, Today, and Tomorrow - take notes on reading! Pages

Questions from reading What is remedy? What is liability? Give me an example of a settlement? True or False? Trials are more common than settlements Is there a risk for not settling? Explain this sentence from the reading: “Tort Law today continues to balance usefulness against harm.”

Introduction to Torts civil wrongs recognized by law as grounds for a lawsuit result in an injury or harm constituting the basis for a claim by the injured party primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms types of damages: loss of earnings capacity, pain and suffering, and reasonable medical expenses Expected earnings /losses

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. intentional torts negligent torts strict liability Torts fall into three general categories: intentional torts ( e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts( e.g., liability for making and selling defective products

Tort law is state law created through judges (common law) and by legislatures (statutory law) In "The Aims of the Law of Tort" (1951) Glanville Williams saw four possible bases on which different torts rested:1951 appeasement, justice, deterrence and compensation. The law tends to emphasize different aims in relation to intentional torts from those in relation to negligence or strict liability

There are relatively few tort claims available under federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police. Tort claims arising out of injuries occurring on vessels on navigable waters of the United States fall under federal admiralty jurisdiction.

Compensatory/Punitive sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages : compensatory and punitive Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are awarded when the defendant's behavior is found to be especially harmful, but are normally not awarded in the context of a breach of contract claim. Ex. - A Mississippi jury on Thursday awarded $2.5 million in punitive damages to a couple who sued State Farm Fire & Casualty Co. for denying their claim after Hurricane Katrina Damages awarded according to the amount of actual harm suffered by the plaintiff. Compensatory damages are awarded before punitive damages are considered. These are basically collected and awarded to make you “whole” (ex. auto accident)