Chapter 6-1 Lesson Objectives 12/8/2018 Chapter 6 Slide 1 BHS Law Related Education Law II Chapter 6 Personal Injury Law Chapter 6-1 Lesson Objectives Define the Legal Concept of a Tort and Distinguish It From a Crime. Analyze and Comprehend the Elements of a Tort. Comprehend the Legal Doctrine of Vicarious Liability. 1

I. What is a Tort? Chapter 6 Personal Injury Law 12/8/2018 Chapter 6 Slide 2 BHS Law Related Education Law II Chapter 6 Personal Injury Law I. What is a Tort? A. A tort is a private or civil wrong committed by one person against another. B. Tort law deals with situations where a person's behavior has unfairly caused someone to suffer loss or harm. C. A tort is not necessarily a criminal act but causes harm. 1. If someone commits a tort, the person injured can sue the responsible party for money damages. 2. The money is intended to compensate for the injury. 2

II. How Do Crimes and Torts Differ? CHAPTER 1 12/8/2018 Chapter 6 Slide 3 BHS Law Related Education Law II Chapter 6 Personal Injury Law BHS Law Related Education Law I Chapter 6 1 The Rule of Law II. How Do Crimes and Torts Differ? A. Crimes (Criminal Law-Public Disputes) 1. A crime is an offense against society. It is a public wrong. 2. If someone commits a crime they are punished by the government. B. Torts (Civil Law-Private Disputes) 1. A tort is an offense against an individual. It is a private wrong. 2. If someone commits a tort they can be sued for money damages. 3

CHAPTER 1 12/8/2018 Chapter 6 Slide 4 BHS Law Related Education Law II Chapter 6 Personal Injury Law BHS Law Related Education Law I Chapter 6 1 The Rule of Law III. Essential Issues of Tort Cases A. In all tort cases there are two essential issues that must be addressed: 1. LIABILITY- Who is responsible. 2. DAMAGES- Compen$ation for the injured person. 4

1. DUTY (A legal obligation to do or not do something) B. Damages CHAPTER 1 12/8/2018 Chapter 6 Slide 5 BHS Law Related Education Law II Chapter 6 Personal Injury Law IV. Elements of a Tort A. Liability 1. DUTY (A legal obligation to do or not do something) 2. BREACH (Violation of the duty) B. Damages 3. INJURY (A harm recognized by law) 4. CAUSATION (Proof that Breach caused injury) Foreseeable Risk-a danger which a reasonable person should anticipate as the result from his/her actions. 5

IV. Elements of a Tort. C. Elements of a Tort CHAPTER 1 12/8/2018 Chapter 6 Slide 6 BHS Law Related Education Law II Chapter 6 Personal Injury Law BHS Law Related Education Law I Chapter 6 1 The Rule of Law IV. Elements of a Tort. C. Elements of a Tort 1. You must prove all elements to show that someone is responsible for committing a tort. 2. Accordingly, when defending a claim of tort, you may present facts to show that any or all of the elements have not been proved. 6

IV. Elements of a Tort D. Ch. 6-1 TCAE #10 (Page 91) Duty Breach CHAPTER 1 12/8/2018 Chapter 6 Slide 7 BHS Law Related Education Law II Chapter 6 Personal Injury Law BHS Law Related Education Law I Chapter 6 1 The Rule of Law IV. Elements of a Tort D. Ch. 6-1 TCAE #10 (Page 91) Duty What evidence is there of Phillip’s duty? Breach How did Phillip violate the duty? Injury What is injury & how do you prove damages? Causation What is the link between the injury and the breach of duty? 7

V. Vicarious Liability Chapter 6 1 The Rule of Law 12/8/2018 Chapter 6 Slide 8 BHS Law Related Education Law II Chapter 6 Personal Injury Law BHS Law Related Education Law I Chapter 6 1 The Rule of Law V. Vicarious Liability A. Under the legal doctrine of Vicarious Liability one person may be held liable for the torts of another. B. Examples of vicarious liability include; 1. Host liability 2. Corporate/Employer liability 3. Parental liability C. In each case, circumstances must show that someone should have known of the danger and prevented it. 8