“Private Injuries v. Public Offenses” Lesson 5-1 “Private Injuries v. Public Offenses”

Tort A private or civil wrong. An offense against an individual The person injured can sue and obtain a judgment for damages-a monetary (money) award intended to compensate the injured party for the harm done to her or him.

Criminal vs. Civil Public wrong Offense against society (citizens’ right to live in peace is violated) Police investigate Murder, rape, burglary, theft, arson, DUI, etc. Private Between an individual and someone else Between an individual and an organization Injury to someone's body, property, reputation Sue for damages ($$$) Money is intended to compensate for the damages

The Four Elements of a Tort These four elements must be proven in court to show the defendant is liable for damages. LIABILITY = RESPONSIBILITY

Element 1 Duty (a legal obligation to do or not do something.) This is the legal responsibility of care to protect and not cause harm It is common responsibility in society to ensure you do not harm others or their property. Every person has a legal duty not to harm others, such as: Your duty to drive responsibly. A business has the duty to fix a broken elevator.

Element 2 Violation of the Duty– “Breach” Must be proved before the injured party can collect damages Intentional torts-when the defendant actually intended to inflict harm. Negligence-Result of neglect or carelessness

Element 3 Injury: Harm recognized by law Injury resulting from the breach of duty must be proved.

Element 4 Causation: Proof that the breach caused the injury The direct result of one person’s actions effecting harm or damage to another.

By law, we all have certain rights. We also have the duty to respect the rights of others.

The 3 Duties Created by Tort Law The duty not to injure another (including bodily injury, injury to someone’s reputation, or invasion of someone’s privacy) The duty not in interfere with the property rights of others (Ex. Trespassing on land) The duty not to interfere with the economic rights of others, such as the right to contract. (Example: If two people have an agreed contract, you can’t interfere by trying to appease one party to cancel the contract and offer the contract to you.)

Intentional torts-when the defendant actually intended to inflict harm Intentional torts-when the defendant actually intended to inflict harm. Example: You got angry at someone and busted their car window out with a bat. Negligence-Result of neglect or carelessness. Example: You reached down in the floorboard of your car to get your lip gloss and hit another vehicle. Strict Liability- Where neither intent nor carelessness is required. Example: You were playing golf and your ball went off course and hit someone in the mouth knocking out a tooth.

Responsibility for Another’s Tort Vicarious liability- When one person is liable for the actionable conduct of another based solely on the relationship between the two. Parents/children, employers/employees