1. CHAPTER 18 PART I Torts: A Civil Wrong

2. A Civil Wrong In criminal law, when someone commits a wrong, we call it a crime. In civil law, when someone commits a wrong, we call it a tort Tort  A breach of some obligation, causing harm or injury to someone  A civil wrong: negligence/libel When a defendant loses a judgment against a plaintiff, the defendant is ordered to compensate the plaintiff for harm done  Pay monetary damages

3. Damages 1. Injuries or losses suffered by one person due to the fault of another 2. Money asked for or paid by court order to a plaintiff for injuries or losses suffered

4. Tort Law 1. Deals with who should be liable, or responsible for harm caused by human activities 2. How much should the responsible person have to pay Liability  Legal responsibility for harm Settlement  A mutual agreement between two sides in a civil lawsuit  Made either before the case goes to trial, or before the judgment in entered  Ends the dispute

5. The Idea of Torts Common Law  A system in which court decisions establish legal principles and rules of law  Precedents for future cases Statutes  Written laws enacted by legislatures

6. Three Major Categories for Torts 1. Intentional Wrong  An action done with the intent of injuring a person, his or her property, or both  Smashing a window with a brick 2. Negligence  When a person’s failure to use reasonable care causes harm  Most common  Drunk driving 3. Strict Liability  When the defendant is engaged in an activity so dangerous that there is a serious risk of harm even with utmost care

7. Groups Who Face Strict Liability 1. Owners of dangerous animals 2. People who engage in dangerous activities 3. Manufacturers and sellers of defective consumer products

8. Who Can be Sued?? Almost anyone  Individuals, groups, organizations, businesses, and units of government Deep pockets  Plaintiffs try to sue a defendant who has enough money to pay for damages  Corporation, chain store…

9. …and others Minors  One can sue a minor if one can prove the child acted unreasonably for a person that age Immune  Protected from tort suits  Governments, certain government officials, children cannot sue parents, spouses cannot sue spouses  Tort laws do change and there are exceptions

10. …and even Class Action  A lawsuit brought by one or more persons on behalf of a larger group  The settlement or damages will be divided among the people bringing the suit  Drinking water  WalMart Contingency Fee  Lawyer does not charge the client an hourly fee  Lawyer receives a portion of the recovery (30% to 40%)